InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

Issue no.107 March 2008

This information service also serves to draw attention to current news items
 and readers are directed to the hosts' websites


Image source : http://omitted.net/2007/05/
5 March 1963 : Hula-Hoop patented by Arthur "Spud" Melin
Melina and Richard Knerr were inspired to develop the Hula-Hoop after they saw a wooden hoop that Australian children twirled around their waists during gym class. According to Ripley's Believe It or Not, in April 2004, a performer at the Big Apple Circus in Boston simultaneously spun 100 hoops around her body. Earlier that same year, in January, according to the Guinness World Records, two people in Tokyo, Japan, managed to spin the world's largest hoop - at 13 feet, 4 inches - around their waists at least three times each. - History.com website
Contents
News
Law Society of South Africa - Draft Charter Scorecards
South African Law Reform Commission
Southern African Legal Information Institute
Businesswomen's Association
Government Gazette Update
Acts
Bills and Draft Bills
Regulations and Draft Regulations
Government, General and Board Notices
Gauteng Provincial Gazette
Mpumalanga Provincial Gazette
Northern Cape Provincial Gazette
Western Cape Provincial Gazette
Recent Journal Articles of Interest
Bureau for Mercantile Law Bulletin
Employment Law
South African Law Reports
Tydskriv vir die Suid-Afrikaanse Reg
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
Vacancies
Candidate Attorneys
Professional Assistant in Conveyancing
Conveyancer
Marketplace
JutaLaw
LexisNexis
Paddock's Press
Siberink
Last Thought

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 
 News
Law Society of South Africa
Draft Charter Scorecards published for comment by attorneys

25 February 2008

The LSSA Technical Working Committee has made its report and draft Charter scorecards for the attorneys' profession available for comment by attorneys. Attorneys are invited to send their comments to LSSA CEO Raj Daya at rajdaya@lssa.org.za or fax : 012-362 0969 by Friday, 14 March 2008.

The members of the LSSA Technical Working Committee are David Gush, Andiswa Ndoni and Max Boqwana.

Click here to access the document : http://www.lssa.org.za/LinkClick.aspx?link=Draft+LSC+scorecards+amended+29+February+2008
.pdf&tabid=53&mid=412


South African Law Reform Commission

Southern African Legal Information Institute - http://www.saflii.org.za/
The Southern African Legal Information Institute (SAFLII) is an institute that seeks to establish and promote direct access to law from Africa. It collects and publishes legal materials from southern and Eastern Africa for free online access.

SAFLII is a project established to host electronic legal information from all South African superior courts as well as superior courts from other jurisdictions in the Eastern and Southern African region. SAFLII provides state-of-the-art search facilities of all judgments it publishes free of charge. The project is endorsed by the Southern African Judges Commission (SAJC) to which South Africa is a member and thereby enjoys the full support of the Chief Justice and all Judge Presidents in
our country.

SAFLII promotes among other things :

Justice and the rule of law
Free access to legal information from Southern and East Africa
Free web based access to consolidated regional law
Technical support, advice and training
Developing of open standards for electronic legal reporting
Legal education and research
Transparency in the Judiciary

Our current collection includes superior court judgments from Botswana, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. Currently in preparation : Lesotho and Zambia judgments, Uganda legislation, and South African Law Reform Commission publications.

SAFLII is a member of the Free Access to Law movement.

Declaration on Free Access to Law

Legal information institutes of the world, meeting in Montreal, declare that :

Public legal information from all countries and international institutions is part of the common heritage of humanity. Maximising access to this information promotes justice and the rule of law ;

Public legal information is digital common property and should be accessible to all on a non-profit basis and free of charge ;

Organisations such as legal information institutes have the right to publish public legal information and the government bodies that create or control that information should provide access to it so that it can be published by other parties.

Public legal information means legal information produced by public bodies that have a duty to produce law and make it public. It includes primary sources of law, such as legislation, case law and treaties, as well as various secondary (interpretative) public sources, such as reports on preparatory work and law reform, and resulting from boards of inquiry. It also includes legal documents created as a result of public funding.


Readers of InfoUpdate may have noticed that many of the judgments referred to in this newsletter are sourced on the SAFLII website. It is an excellent first stop for anyone looking for decisions handed down in Southern and East Africa.

See also :
World Legal Information Institute (WorldLII)
- http://www.worldlii.org/


Businesswomen's Association

Sponsored by Nedbank
Durban BWA

Regional Business Achievers Award 2008

The Businesswomen's Association Durban, a registered non profit organisation will be hosting the annual Regional Business Achiever Awards to applaud women for their phenomenal achievements throughout the year.

This event will take the form of a dinner with approximately 200 guests and will recognise and honour 5 phenomenal women in business in the Durban region, in the following categories :

  • Entrepreneurial
  • Professional
  • Start up
  • Corporate
  • Social Entrepreneur

The winners of each category then go onto the Business Women of the Year which is a national event presented on Top Billing.

BWA would like to invite any Law firm in Durban and surrounding areas to be a part of this very prestigious event by considering sponsoring or part sponsoring the venue for the evening of 20th June 2008.  The running cost is close to R80 000.  No amount of money is too small. In return for your generous support, we would like to promote your organisation in the following ways :

  • Your company logo printed on all programmes at the Gala Awards Dinner.
  • Your company logo on the 30 minute PowerPoint presentation on each of our finalists, which will be shown on the evening.
  • Details of the sponsorship included on the website reviews with a link to your website. This information will also be included in the monthly newsletter which is sent to the entire BWA database.

If you require any additional information, please feel free to contact me directly.

Thanking you in advance for considering sponsorship and looking forward to you hearing from you.

Deidre Stemmet
BWA Co-ordinator
www.bwasa.co.za
Telephone : 031-261 8668
Cell : 082-468 7538

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 Government Gazette Update
Acts
Co-operative Banks Act 40 of 2007

GN 217/GG 30802/22-02-2008 *

Foodstuffs, Cosmetics and Disinfectants Amendment Act 39 of 2007

GN 248/GG 30822/28-02-2008 *

Tobacco Products Control Amendment Act 23 of 2007

GN 247/GG 30821/28-02-2008 *


Bills and Draft Bills

Draft Prevention of and Treatment for Substance Abuse Bill

To be introduced in Parliament during February 2008
GenN 308/GG 30814/25-02-2008 *

Draft Provision of Land Assistance Amendment Bill

Deadline : March 2008
GenN 282/GG 30804 ***
http://www.polity.org.za/attachment.php?aa_id=11963 ***

Renaming of High Courts Bill

[B5-2008]
http://www.polity.org.za/article.php?a_id=128588 ***

Skills Development Amendment Bill, 2008

Call for comments
GN 311/GG 30823/28-02-2008 *
http://www.polity.org.za/attachment.php?aa_id=11964 ***

Technology Innovation Agency Bill

[B49A-2007]
Portfolio Committee Amendments

[B49B-2007]


Regulations and Draft Regulations
Customs and Excise Act 91 of 1964

Amendment of Schedule no.1 (no.1/2/149)
GNR 242/GG 30818/27-02-2008 *

Amendment of Schedule no.1 (no.1/5/143)
GNR 243/GG 30818/27-02-2008 *

Amendment of Schedule no.1 (no.1/5/144)
GNR 244/GG 30818/27-02-2008 *

Amendment of Schedule no.6 (no.6/12)
GNR 245/GG 30818/27-02-2008 *

Electronic Communications Act 36 of 2005

Regulations, in terms of Section 4 read with Section 69(3), setting out the minimum standards for end-user and subscriber Service Charters
GenN 272/GG 30792/25-02-2008 *

Health Professions Act 56 of 1974

Regulations relating to the registration of health practitioners restricted to non-clinical practice
GNR 223/GG 30806/29-02-2008 *

Labour Relations Act, 1995

Bargaining Council for the Building Industry (Bloemfontein) : extension of collective agreement to non-parties
GNR 221/GG 30806/29-02-2008 *

Cancellation of Government Notice Bargaining Council for the Building Industry (Bloemfontein) : extension of collective agreement to non-parties GNR 471/01-06-2007 with effect from 10 March 2008
GNR 222/GG 30806/29-02-2008 *

Correction Notice
Motor Industry Bargaining Council - MIBCO : extension to non-parties of main collective amending agreement
GNR 220/GG 30806/29-02-2008 *


Government, General and Board Notices
Electronic Communications Act 36 of 2005

Guidelines for rapid deployment of electronic communications facilities
GN 246/GG 30820/27-02-2008 *

Notice of withdrawal : notice inviting comments on proposed guidelines for rapid deployment of electronic communications facilities of the Act GN 279/GG 30800/22-02-2008 http://www.pmg.org.za/files/gazettes/080222com-electronicfacilities.pdf **
GenN 310/GG 30819/27-02-2008 *

Financial Services Board

Notice on proposed variation of Policyholder Protection Rules (Short-Term Insurance), 2004
GenN 305/GG 30805/29-02-2008 *

Reform of the Customary Law of Succession and Regulation of Related Matters Bill, 2008

GenN 309/GG 30815/25-02-2008 *

Short-term Insurance Act 53 of 1998

Financial Services Board
Proposed variation of Policyholder Protection Rules (Short-term Insurance), 2004
GenN 305/GG 30805/29-02-2008 *

Standards Act 29 of 1993

Amendment to the compulsory specification for vehicles of Category 03 and 04
GN 224/GG 30805/29-02-2008 *

Proposed withdrawal of the compulsory specification for articles marked E.P.N.S.
GN 225/GG 30805/29-02-2008 *


  Gauteng Provincial Gazette

City of Johannesburg

Notice to make Rates Policy By-laws
Invitation for public comment before Monday 24 March 2008
PN 897/PG 49/27-02-2008 *


  Mpumalanga Provincial Gazette

Emalahleni Local Municipal Council

Cemeteries and Crematoria By-laws
LAN 64/PG 1510/27-02-2008 *

Public Health By-laws
LAN 65/PG 1510/27-10-2008 *

Public Open Spaces By-laws
LAN 66/PG 1510/27-02-2008 *

Waste Management By-laws
LAN 67/PG1510/27-02-2008 *


  Northern Cape Gazette

Kgalagadi District Municipality

Draft By-laws
PN 14/PG 1170/25-02-2008 *


Western Cape Provincial Gazette

Determination of the salaries and allowances of Provincial Ministers and Members of the Provincial Parliament of the Western Cape

Proc 17/PG 6484/30-11-2007 *

Western Cape Adjustments Appropriation Act 9 of 2007

PN 24/PG 6497/25-01-2008 *

Western Cape Draft Ambulance Personnel Transfer and Pensions Ordinance Repeal Bill, 2007

PN 51/PG 6502/20-02-2008 *

Western Cape Health Care Waste Management Act 7 of 2007

PN 369/PG 6489/18-12-2007 *

Western Cape Removal of Restrictions Amendment Act 8 of 2007

PN 370/PG 6490/18-12-2007 *


* Source : LexisNexis
** Source : PMG
*** Source : Polity

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 Recent Journal Articles of Interest
Bureau for Mercantile Law Bulletin
Commentary

Unfair contract terms : the Constitutional Court's approach

Unreasonably refusing to furnish information in terms of the Promotion of Access to Information Act 2 of 2000

Pre-dismissal hearings

CLISB - 2007, v.25(4), p.70

Arbitration
Jurisdiction of appeal arbitration - Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others 2007(5) SA 491(SCA)

CLISB - 2007, v.25(4), p.71
Close Corporation
Circumstances under which corporation deemed unable to pay debts - Alton Coach Africa CC v Datcentre Motors (Pty) Ltd trading as CMH Commercial 2007(6) SA 154(D)

CLISB - 2007, v.25(4), p.71
Companies
Security for costs - Giddey NO v J C Barnard and Partners 2007(5) SA 525(CC)

Shareholders' locus standii to interfere in contractual arrangements - Letseng Diamond Ltd v JCI Ltd and Others ; Trinity Asset Management (Pty) Ltd and Others v Investec Bank Ltd and Others 2007(5) SA 564(W)
CLISB - 2007, v.25(4), p.72

Contracts
Validity of agreement - Citibank NA v Thandroyen Fruit Wholesalers CC and Others 2007(6) SA 110(SCA)

Unfair clauses in contracts - Barkhuizen v Napier 2007(5) SA 323(CC)
CLISB - 2007, v.25(4), p.74

Information
Promotion of Access to Information Act 2 of 2000 - Claase v Information Officer, South African Airways (Pty) Ltd 2007(5) SA 469(SCA)

CLISB - 2007, v.25(4), p.75
Insolvency
Voidable dispositions - Janse van Rensburg and Others NNO v Myburgh and Two Other Cases 2007(6) SA 287(T)

CLISB - 2007, v.25(4), p.76
Labour Law
Workmen's compensation definition of 'employee' - ER 24 Holdings v Smith and Another 2007(6) SA 147(SCA)

Pre-dismissal hearing - Old Mutual Life Assurance Co SA Ltd v Gumbi 2007(5) AS 552(SCA)

Jurisdiction of High Court over labour matters - Boxer Superstores Mthatha and Another v Mbenya 2007(5) SA 450(SCA)

Collective bargaining - South African National Defence Union v Minister of Defence and Others 2007(5) SA 400(CC)
CLISB - 2007, v.25(4), p.77

MVA
Definition of 'motor vehicle' - Bell v Road Accident Fund 2007(6) SA 48(SCA)

Claim against RAF by supplier of medical services - Van der Merwe v Road Accident Fund 2007(6) SA 283(SCA)

Hit-and-run accident - Engelbrecht v Road Accident Fund and Another 2007(6) SA 96(CC)
CLISB - 2007, v.25(4), p.79

Property
National Building Regulations and Standards Act 103 of 1977 - eThekwini Municipality v Tsogo Sun KwaZulu-Natal (Pty) Ltd 2007(6) SA 272(SCA)

Agreement of sale of land : delivery of notice to remedy breach - Cohen and Another v Lench and Another 2007(6) SA 132(SCA)

Environmental law - Fuel Retailers Association of Southern Africa v Director-General : Environmental Management, Departure of Agriculture, Conservation and Environment, Mpumalanga Province, and Others 2007(6) SA 4(CC)

Land Use Planning Ordnance 15 of 1985(C) - Hangklip Environmental Action Group v MEC for Agriculture, Environmental Affairs and Development Planning, Western Cape, and Others 2007(6) SA 65(C)

Restitution of Land Rights Act 22 of 1994 - Department of Land Affairs and Others v Goedgelegen Tropical Fruits (Pty) Ltd 2007(6) SA 199(CC)

Way of necessity - Aventura Ltd v Jackson NO and Others 2007(5) SA 497(SCA)

Environmental Conservation Act 73 of 1989 - HTF Developers (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others 2007(5) SA 438(SCA)

Extension of Security of Tenure Act 62 of 1997 - Chagi and Others v Singisi Forest Produts (Pty) Ltd 2007(5) SA 513(SCA)

Sectional Titles Act 95 of 1986 : exclusive use rights - Kmatt Properties (Pty) v Sandton Square Portion 8 (Pty) Ltd and Another 2007(5) SA 475(W)

Restitution of Land Rights At 22 of 1994 - Baphiring Community v Uys and Others 2007(5) SA 585(LCC)

Restitution of Land Rights At 22 of 1994 - Haakdoornbult Boerdery CC and Others v Mphela and Others 2007(5) SA 596(SCA)
CLISB - 2007, v.25(4), p.80

Publications
Freedom of press - Midi Television (Pty) Ltd trading as E-TV v Director of Public Prosecutions (Western Cape) 2007(5) SA 540(SCA)

CLISB - 2007, v.25(4), p.88
Sale
Warranty against eviction - Gobel Franchises CC v Kadwa and Another 2007(5) SA 456(C)

CLISB - 2007, v.25(4), p.89
Tax
Income tax : 'gross income' - MP Finance Group CC (in liquidation) v Commissioner, South African Revenue Services 2007(5) SA 521(SCA)

CLISB - 2007, v.25(4), p.90
Trade
Trade mark infringement - Lubbe NO and Others v Millennium Style (Pty) Ltd and Others ; Lubbe and Others NNO v Milennium Style (Pty) Ltd 2007(6) SA 214(SCA)

Trade Marks Act 194 of 1993 - Verimark (Pty) Ltd v BMW AG v Verimark (Pty) Ltd 2007(6) AS 263(SCA)
CLISB - 2007, v.25(4), p.90

Publications and research
CLISB - 2007, v.25(4), p.93

Employment Law
Amendment needed
Editorial

Employment Law - 2008, v.24(1), p.3
Supreme law : public servants read their rights
Employment Law - 2008, v.24(1), p.4
Inessential workers : two developments in strike law
Employment Law - 2008, v.24(1), p.17
Case roundup : latest judgements and awards
Employment Law - 2008, v.24(1), p.21
Retrospective reinstatement - Republican Press (Pty) Ltd v CEPPWAWU and Others [2007]11 BLLR 1001(SCA)
Employment Law - 2008, v.24(1), p.21
Unfair retrenchment - Oosthuizen v Telkom SA Ltd [2007]11 BLLR 1013(LAC)
Employment Law - 2008, v.24(1), p.22
Apply for your post - SA Airways v Bogopa and Others [2007]11 BLLR 1065(LAC)
Employment Law - 2008, v.24(1), p.23
Second generation - Aviation Union of SA and Others v SA Airways and Others [2008]1 BLLR 20(LC)
Employment Law - 2008, v.24(1), p.23
Maternal right - De Beer v SA Export Connection CC trading as Global Paws [2008]1 BLLR 36(LC)
Employment Law - 2008, v.24(1), p.24

South African Law Reports
Legh v Nungu Trading 353 (Pty) Ltd and Another (SCA)
Howie P, Heher J A, Ponnan, J A, Mlambo J A and Malan A J A
2007 September 12, 27
Execution - Sale in execution - Immovable property of company sold in execution - Prior to transfer of property, company placed under liquidation order - Companies Act 61 of 1973, s 361(1) - Section 20(1)(c) of Insolvency Act 24 of 1936 not applicable
Company - Winding-up - Insolvency law applying mutatis mutandis in respect of matters not specifically provided for in Companies Act 61 of 1973 - Section 20(1)(c) of Insolvency Act 24 of 1936 not rendered applicable by s 339 of Companies Act in winding - up of company unable to pay its debts
Company - Winding-up - Property of company - Effect on status of company's property attached and sold in execution before winding-up - Section 20 of Insolvency Act 24 of 1936 not included among provisions taken over by s 339 of Companies Act 61 of 1973 - Section 361(1) of Companies Act especially providing that property of company upon its winding-up deemed 'to be in the custody and under the control of the Master until a provisional liquidator has been appointed and has assumed office' whereas object of s 20 of Insolvency Act to divest insolvent of his property and to vest it in trustee - Consequently, upon liquidation dominium of property remaining vested in company and not transferring to Master or liquidator as in case of insolvency
SALR - 2008 March
Van Rensburg and Another NNO v Nelson Mandela Metropolitan Municipality and Others (SECLD)
Froneman J
2007 March 30 ; April 3
Nuisance - Private nuisance - Neighbour disputes - Interference with applicants' use and enjoyment of their land - Remedies - Contrary to restrictive title conditions respondent erecting and extending buildings on its erf - Respondent, over extended period, showing flagrant and sustained disregard for neighbours’ privacy and for local authority requirements - Demolition - Whether court having discretion to award damages in lieu of ordering demolition of buildings - Where enjoyment of privacy undermined by offending structures and applicants' loss of privacy not capable of being remedied by award of damages, court ordering demolition of buildings
SALR - 2008 March
Progress Office Machines CC v South African Revenue Service and Others (SCA)
Scott J A, Lewis J A, Heher J A, Malan A J A and Mhlantla A J A
2007 August 30 ; September 25
Revenue - Customs and excise - Anti-dumping duties - Imposition of - By minister in terms of Customs and Excise Act 91 of 1964, ss 55 and 56 - Interpretation of government notice - Notice silent as to period for which duty to be operative - Whether five-year period for lapsing of antidumping duties introduced in notice to be calculated from date of retrospective imposition or from date of publication of notice
Statute - Interpretation of - Effect of international treaties on municipal law - Court enjoined to prefer any reasonable interpretation consistent with international law over any alternative being inconsistent therewith - Constitution, 1996, s 233
SALR - 2008 March
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (CC)
Moseneke D C J, Madala J, Mokgoro J, Ngcobo J, Nkabinde J, O'Regan J, Sachs J, Skweyiya J, Van der Westhuizen J and Navsa A J
2007 May 8 ; October 5
Labour law - Commission for Conciliation, Mediation and Arbitration (CCMA) - Arbitration proceedings - Arbitration award by commissioner constituting administrative function - However, Promotion of Administrative Justice Act 3 of 2000 not applying
Labour law - Commission for Conciliation, Mediation and Arbitration (CCMA) - Arbitration proceedings - Arbitration award by commissioner - Review of - Section 145 of the Labour Relations Act 66 of 1995 now suffused by the constitutional standard of reasonableness - Standard is whether decision reached by commissioner is one that reasonable decision maker could not reach
Labour law - Commission for Conciliation, Mediation and Arbitration (CCMA) - Arbitration proceedings - Commissioner - Powers of in determination of fairness of dismissal - Commissioner to determine dispute as neutral adjudicator and decide whether dismissal was fair - Not to approach dismissal with deference to employer
Labour law - Commission for Conciliation, Mediation and Arbitration (CCMA) - Arbitration proceedings - Commissioner - Factors to consider in determination of fairness of dismissal - Including (but not limited to) importance of rule breached ; employer's reason for dismissal ; basis of employee's challenge to dismissal ; harm caused by employee's conduct ; additional training of employee ; effect of dismissal on employee and employee's long service record
SALR - 2008 March
Menqa and Another v Markom and Others (SCA)
Scott J A, Cloete J A, Van Heerden J A, Jafta J A and Kgomo A J A
2007 November 5, 30
Execution - Sale in execution - Of immovable property - Sale in execution invalid - Warrant of execution issued without requisite judicial oversight - Absence of judicial oversight imperilling party's s 26(1) constitutional rights - Warrant obtained prior to Constitutional Court decision declaring s 66(1)(a) of Magistrates' Courts Act 32 of 1944 unconstitutional - Sale invalid as CC decision applying retrospectively - Sale not saved by applying s 70 of Magistrates' Courts Act 32 of 1944
Execution - Sale in execution - Of immovable property - Sale in execution invalid - If invalid for violation of principle of legality, sheriff having no authority to transfer ownership to purchaser - Purchaser not acquiring ownership despite registration of property in their name
Execution —Sale in execution - Of immovable property - Sale in execution invalid - Directing Registrar of Deeds to re-register property in owner's name not appropriate remedy as failing to take into account what purchaser paid for property and possible unjust enrichment
SALR - 2008 March
Forssman v Forssman (WLD)
Salduker J and Levenberg A J
2007 August 23
Maintenance - For children - Increase in terms of s 6(1) of Maintenance Act 99 of 1998 - Semble: Whether to follow approach of allocating one fifth of parties' combined nett incomes after tax to minor child - Such approach better suited to maintenance pendente lite than final divorce judgments or post-divorce awards - In latter cases, also need to take into account expenses incurred by parties, particularly unusual expenses
SALR - 2008 March
Elley (formerly Memmel) v Lynn & Main Inc (SCA)
Mthiyane J A, Lewis J A, Ponnan J A, Hurt A J A and Kgomo A J A
2007 November 2, 22
Prescription - Extinctive prescription - Period of prescription - Claim against surety - Judgment granted against principal debtor - Claim against surety prescribing after 30 years as contemplated in s 11(a)(ii) of Prescription Act 68 of 1969
SALR - 2008 March
Thekweni Properties (Pty) Ltd v Picardi Hotels Ltd (and Others as Third Parties) (D&CLD)
Levinsohn D J P
2007 September 3, 4, 26
Cession - Cession in securitatem debiti - Cession of right to rentals contained in mortgage bond over properties purchased for purpose deriving rental income - Cession containing proviso that bank not acting upon cession without mortagor's consent unless mortgagor in breach - Presumption that parties intended to vary ordinary consequences of cession by introducing proviso - Proviso importing condition suspending operation of cession - Mortgagor retaining right to collect and enforce payment of rentals pending fulfilment of condition - Cedent having locus standi to sue for rentals
SALR - 2008 March
Radio Pretoria v Chairperson, Independent Communications Authority of South Africa, and Another (SCA)
Howie P, Streicher J A, Brand J A, Hancke A J A and Musi A J A
2007 May 4 ; June 8
Review - Grounds for - Unreasonableness - Administrative action - Promotion of Administrative Justice Act 3 of 2000, s 6(2)(f)(ii) and (h) - Independent Communications Authority of South Africa (ICASA) refusing application for community broadcasting licence - ICASA acting unreasonably and irrationally in treating application for community broadcasting licence for specified area as being one for different area - Decision reviewed and set aside - Matter remitted to ICASA for reconsideration
Administrative law - Review - Grounds for - Failure properly to consider application - Independent Communications Authority of South Africa (ICASA) refusing application for community broadcasting licence - ICASA acting unreasonably and irrationally in treating application for community broadcasting licence for specified area as being one for different area - Decision reviewed and set aside - Matter remitted to ICASA for reconsideration
SALR - 2008 March
Le Roux and Others v Viana NO and Others (SCA)
Navsa J A, Nugent J A, Jafta J A, Mlambo J A and Kgcomo A J A
2007 November 22, 30
Company - Winding-up - Property of company - Property passing to liquidator - Warrant to take possession of company's property - Insolvency Act 24 of 1936, s 69(3) - Books and documents on computer hard drive within contemplation of section and susceptible to seizure under warrant in terms of section
SALR - 2008 March
Holdenstedt Farming v Cederberg Organic Buchu Growers (Pty) Ltd (CPD)
Van Reenen J
2006 November 15 ; December 5
Practice - Parties - Substitution of - Substitution of defendant - By amendment in terms of rule 28 of Uniform Rules of Court - Substitution effective only where notice of intended amendment given to entity sought to be substituted
SALR - 2008 March
Minister of Land Affairs and Agriculture and Others v D & F Wevell Trust and Others (SCA)
Scott J A, Brand J A, Cloete J A, Heher J A and Hurt A J A
2007 November 1, 28
Practice - Affidavits - Affidavits containing both pleading and evidence - Issues and avesments should appear clearly therefrom - Passages relied upon in annexures must identified
Practice - Applications and motions - Oral evidence - When allowed - Rule 6(5)(g) of Uniform Rules of Court - Respondent making averments which, if proved, would constitute defence to applicant's claim but unable to produce affidavits containing allegations prima facie establishing such defence - Entitled to invoke rule 6(5)(g) in circumstances specified by court - But court to be astute to present abuse of process
SALR - 2008 March
S v Shaik and Others (CC)
Langa C J, Moseneke D C J, Madala J, Mokgoro J, Ngcobo J, Nkabinde J, O'Regan J, Sachs J, Skweyiya J and Van der Westhuizen J
207 May 23, 24 ; October 2

Criminal procedure
- Appeal - Leave to appeal - To Constitutional Court - Granting of - Relevant factors - Where applicant raising constitutional matter or issue connected therewith and if in interests of justice - Careful weighing of factors, including importance of constitutional issue and prospects of success, required - Deciding on prospects of success requiring court to consider both evidence before it and new evidence applicants seeking to introduce
Criminal procedure - Appeal - Leave to appeal - To Constitutional Court - Leave to adduce further evidence - New evidence to meet requirements of either rule 30 or 31 of Constitutional Court Rules - In terms of rule 31 if evidence not incontrovertible, inadmissible - Rule 31 not applying where facts sought to be canvassed irrelevant or genuinely disputed - Under rule 30 court having discretion to grant leave to adduce further evidence, but ordinarily exercised only where special grounds existing or where no prejudice to other side, and such evidence necessary to do justice between parties
Criminal procedure - Indictment and charge - Joinder - Of accused - Charge of corruption - Whether failure to join alleged corruptee in trial of alleged corruptor amounting to irregularity - Although cogent reasons might exist for holding joint trials, not meaning specific trial unfair simply because other possible perpetrators not charged together with accused - No indication that accused suffering prejudice nor that he would have gained any advantage from presence of other alleged perpetrators - Even where accused disadvantaged by fact that someone else not charged in same trial, not rendering trial unfair - Failure to charge another suspected party in same trial as accused not necessarily amounting to breach of any rules of criminal procedure
Criminal procedure - Trial - Prosecutor - Conduct of - Whether prosecutor overstepping line between prosecution and investigation - National Prosecuting Authority Act 32 of 1998 making provision for overlapping of certain functions - Act authorising prosecutors to do more than merely institute cases - In casu, prosecutor clearly not exceeding limits in Act - Not taking over functions of investigators, but merely assisting - Not interrogating accused, but interviewing certain employees of corporate accused, as entitled to do - No evidence prosecutor not adhering to constitutional duty to remain impartial and to execute functions without fear, favour or prejudice
Criminal procedure - Sentence - Imposition of - Factors to be taken into account - Proper approach to sentencing requiring consideration of historical context and all relevant circumstances - Appellant contending past discriminatory policies causing him to commit economic crimes - Appellant's crimes commencing after advent of democracy and continuing after anti-discrimination legislation enacted - Oppressive and discriminatory past no excuse for commission of crime nor justification for reduction in otherwise appropriate sentence - Appeal dismissed
Criminal procedure - Sentence - Prescribed sentences - Minimum sentences - Imposition of in terms of Criminal Law Amendment Act 105 of 1997, s 51(2)(a)(i) - Retrospective application - Corruption - Charge concerning giving of benefits extending over period of time both before and after commencement of Act - Corruption being continuing offence - Each act of corruption following first itself constituting offence of corruption - Since offences committed after commencement of Act exceeding statutory threshold of R500 000, no logical reason why minimum-sentence legislation should not apply - Application for leave to appeal dismissed
SALR - 2008 March
Pratsch trading as Caltex Mooi River v Rasmussen (NPD)
Koen J
2007 May 30 ; June 7
Petrol - Petroleum Products Act 120 of 1977 - Sale of petroleum products - Resale of on credit - Validity of - Re-sale not invalid merely for want of compliance with reg 4(1) of regulations promulgated under Petroleum Products Act 120 of 1977 for being against payment other than in cash
SALR - 2008 March
Strydom v Chiloane (TPD)
Hartzenberg J and Makhafola AJ
2007 October 8, 18
Equality legislation - Equality courts constituted under Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, s 16 - Jurisdiction - In respect of conduct constituting both hate speech under s 10 of Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 as well as racially discriminatory conduct under s 6 of Employment Equity Act Act 55 of 1998 - Racially discriminatory conduct more serious than hate speech - Correct forum is labour court rather than equality court
SALR - 2008 March
Thrupp Investment Holdings (Pty) Ltd v Goldrick (WLD)
Goldblatt J, Van Oosten J and Mbha J
2007 February 23 ; March 13
Prescription - Extinctive prescription - Period of prescription - Delay in completion of - Debt the object of claim filed against company in liquidation as intended in s 13(1)(g) of Prescription Act 68 of 1969 - 'Filed' - Meaning of - Date upon which claim admitted for proof by presiding officer of either first or second meeting of creditors - Where claim rejected at such meeting, impediment provided for in s 13(1)(g) not coming into operation and completion of prescription not delayed
SALR - 2008 March
Absa Bank Ltd v Dlamini (TPD)
Rabie J
2007 October 11, 12, 23
Practice - Withdrawal and dismissal of proceedings - Dismissal of - Vexatious proceedings - Order in terms of Vexatious Proceedings Act 3 of 1956, s 2(1)(b) - When granted - Applicant to meet threshold two requirements to obtain relief under s 2(1)(b), ie show that respondent persistently instituting legal proceedings and that such proceedings without reasonable ground
Interdict - Interim interdict - Interdict pending final determination of application or action for relief in terms of s 2 of Vexatious Proceedings Act 3 of 1956 - Interdict restraining respondent from instituting future legal proceedings against applicant - Application for - Interdict available only under Act and not under common law - Respondent having instituted plethora of unmeritorious proceedings against applicant - Exhibiting contemptuous disregard for judicial process - Pursuing vendetta against applicant - Actions vexatious - Other requirements for interdict satisfied - Interdict granted
Interdict - Interim interdict - Interdict pending final determination of application or action for relief in terms of s 2 of Vexatious Proceedings Act 3 of 1956 - Interdict restraining respondent from pursuing existing warrants and/or issuing further warrants of execution against applicant - Application for - Warrant of execution a step in execution of judgment - Interdict therefore available only in terms of common law and not under Act - Respondent exhibiting pattern of issuing unlawful warrants of execution against applicant - Pursuing vendetta against applicant - Actions vexatious - Other requirements for interdict satisfied - Interdict granted
Interdict - Interim interdict - Interdict pending final determination of application or action for relief in terms of s 2 of Vexatious Proceedings Act 3 of 1956 - Stay of existing legal proceedings - Application for - Interdict available only in terms of common law and not under Act - Respondent having instituted plethora of unmeritorious proceedings against applicant - Exhibiting contemptuous disregard for judicial process - Pursuing vendetta against applicant - Actions vexatious - Other requirements for interdict satisfied - All existing proceedings instituted by respondent against applicant stayed
SALR - 2008 March
Airport Cold Storage (Pty) Ltd v Ebrahim and Others (CPD)
Griesel J
2007 April 30 ; May 22
Close corporation - Members - Abuse of juristic personality of close corporation - Controlling members using corporation as instrumentality to promote own interests - Statutory and bookkeeping requirements associated with conduct of close corporation's business not complied with - Close corporation deemed to be personal venture of members - Members declared personally liable for debts of close corporation to plaintiff - Close Corporations Act 69 of 1984, s 65
SALR - 2008 March

Tydskriv vir die Suid-Afrikaanse Reg
Reflections on the essence of employment status : ministers of religion, judges and magistrates
Marius Olivier
TSAR - 2008(1), p.1
Law and economics of corporate finance in Europe from diversity to convergence and harmonization
Michael Martinek
TSAR - 2008(1), p.16
Incorporating environmental considerations into government procurement in South Africa
Phoebe Bolton
TSAR - 2008(1), p.31
Did the Twelve Tables limit interest?
P H Thomas
TSAR - 2008(1), p.52
Die grondslae vir von Savigny se teorie betreffende die saakklike ooreenkom
P J W Schutte
TSAR - 2008(1), p.66
Financial constitutional law : a new concept in South Africa
D J Brand
TSAR - 2008(1), p.89
Telemedicine : a South African legal perspective
A le Roux
TSAR - 2008(1), p.99
Gedagte oor die hernuwing van die registrasie van sekuriteitsdiensverskaffers
P J Visser
TSAR - 2008(1), p.115
Access of incarcerated persons to medical treatment as a socio-economic right in South Africa
G N Barrie
TSAR - 2008(1), p.120
De kracht van de verbeelding
Hans Niewenhuis
TSAR - 2008(1), p.126
Persoonlike diensbaarhede en die herregistrasie van 'n deregistreerde maatskappy as reghebbende op gespanne voet
J C Sonnekus
TSAR - 2008(1), p.130
Why of necessity, should blokland ever be left sterile? - Jackson NO v Aventura Ltd 2005 2 All SA 518(C) and its sequel Aventura Ltd v Jackson NO 2007 5 SA 497 (SCA)
C G van der Merwe
TSAR - 2008(1), p.142
Taxability of interest-free loans : a storm in a teacup - CSARS v Brummeria Renaissance (Pty) Ltd 69 SATC 205
L Olivier
TSAR - 2008(1), p.151
Mineral rights are dead! Long live mineral rights! - Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd 2007 2 SA 363(SCA)
P J Badenhorst
TSAR - 2008(1), p.156
Forum allocation for bail proceedings in the lower courts - S v Mzatho 2007 2 SACR 309T)
Murdoch Watney
TSAR - 2008(1), p.165
Boekbesprekings

Tool-box des Internationalen Warenkaufs UN-Kaufrecht (CISG) / U Verweyden, V Foerster en O Toufar
E C Schlemmer
TSAR - 2008(1), p172

An academic life over continents / H Booysen
J C Sonnekus
TSAR - 2008(1), p.175

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 News on the Electronic Front
   Recent Judgments Available on the Internet

Constitutional Court of South Africa - www.constitutionalcourt.org.za

4 March 2008
CCT 10/07
S v Molimi

Zuma Case

SARS mum on Jacob Zuma - 3 March
The SA Revenue Service is keeping tight-lipped about allegations that ANC president and corruption accused Jacob Zuma failed to submit tax returns. The National Prosecuting Authority alleges in papers before the Constitutional Court that Zuma failed to declare income to the taxman. - The Times website

State accuses Zuma, Thint of cover-up bid - 3 March
The state has accused African National Congress (ANC) president Jacob Zuma and French arms company Thint of trying to cover up evidence gathered under disputed warrants. This is contained in the submission the state has made to the Constitutional Court, in its opposition to appeals by Zuma and Thint. It also said Zuma and Thint wanted to deprive the prosecution of incriminating evidence to be obtained from Mauritius, which if admitted would contribute to proof of their guilt. The state said this was an attempt to deprive it of the evidence it intended to use in their forthcoming trial, and for no other legitimate purpose. - allAfrica website


Supreme Court of Appeal of South Africa - http://www.supremecourtofappeal.gov.za/index.html ; wwwserver.law.wits.ac.za/sca/index.php ; http://www.uovs.ac.za/apps/law/appeal/

7 March 2008
11/07 [2008] ZASCA 4
Zietsman v Electronic Media Network
Security for costs – s 17(2) of Patents Act 57 of 1978'any party' includes incola plaintiff – agreement to provide security – relevant factors
Not yet online

7 March 2008
257/2007 [2008] ZASCA 5
Van Bosch v Charles

Magistrate's Court Practice – Civil Proceedings – Exception to plea on ground that it discloses no defence dismissed
Not yet online

6 March 2008
[2008] SCA 3 (RSA)
Nonkwali v Road Accident Fund [2008] SCA 3 (2008)
Claim in terms of s 17 of the Road Accident Fund Act 56 of 1996 – no new claim form required in terms of s 24 in respect of additional injury discovered after institution of action – claim in respect of subsequently discovered injury not introducing new cause of action

29 February 2008
688/06
Swart v Van Rensburg (688/2006) [2008] ZASCA 2
Sale of immovable property – defences of common assumption, conventional penalty and repudiation dismissed


Cape Provincial Division - http://law.sun.ac.za/cgi-bin/list.php

6 March 2008
2471/2008
T A Manuel v T Crawford-Brown
The decision of the South African Government to embark upon an arms procurement process (the arms deal) and the subsequent acquisition of arms and related equipment for the defence capability of the National Defence Force has been the subject matter of much debate in recent years. This application, on an urgent basis, is a direct result of this ongoing debate. The Applicant in this matter, who is also the Minister of Finance since 1996 and a senior member of Cabinet, gave effect to the consequential financial arrangements which included the raising of loan capital. These loan agreements between various International Banks and the South African Government was signed by the Applicant in his capacity as Minister of Finance in 2001, in terms of the provisions of the Exchequer Act 66 of 1975. The Respondent, a retired banker and member of Economists Allied for Arms Reduction (ECAAR), a non-governmental organization, opposed the arms deal. It is not in dispute, that ECAAR is opposed to military spending and military approaches to conflict resolution and took a stand against the arms deal. The Respondent himself, has written extensively on the subject matter and recently published a book "Eye on the Money" to express his views and criticism on the arms deal. It would not be incorrect to describe the Respondent as a fierce critic of the South African Government, including inter alia the Applicant, the State President, Mr Mbeki, and the Minister of Public Enterprises, Alec Erwin for the roles they played in the decision to proceed with the arms deal. The attack on the Applicant briefly stated, is that as Finance Minister, when he signed the foreign loan agreements, he violated the Public Finance Management Act, (PFMA) as these agreements have never been referred to Parliament for authority. Furthermore, the Applicant relinquished control over South Africa's future financial and economic policies to international banks, inter alia Barclays Bank and the Commerzbank and "prostituted himself for the sake of political perks and power" and that the National Prosecuting Authority (NPA) should prosecute the Applicant with corruption and related criminal offences

Manuel wins his gag order on arms deal activist Crawford-Browne - 7 March
Finance Minister Trevor Manuel yesterday won a High Court order to stop activist Terry Crawford-Browne claiming that he was guilty of corruption over the multi-billion- rand arms deal. The interim order was handed down by Judge André le Grange, who said Crawford- Browne had not provided a "shred of evidence" for his claims. - The Herald Online website

Settle case against 'definitive charlatan', TAC tells govt - 5 March
Next week, the TAC takes government to court over its failure to act against vitamin seller Matthias Rath. But there's still time to settle, says the TAC. The Treatment Action Campaign has called on government to settle the court case involving "definitive charlatan" Matthias Rath and government on the one side and the Aids activist group and the South African Medical Association (SAMA) on the other. - allAfrica website

Taliep Petersen Case

Najwa's trial will start, even with no lawyer - 1 March
Najwa Petersen, widow of music legend Taliep Petersen, will go on trial for his murder on Monday despite her family having dismissed her second legal team yesterday. And a stern Mr Justice Siraj Desai warned yesterday: "I cannot - and will not - allow the trial to be delayed under any circumstances". On Wednesday, a full bench of the Cape High Court dismissed her appeal against an earlier decision to refuse her bail. Judge Deon van Zyl said she had lied about her psychiatric condition in her attempts to be released on bail, and that she was a flight risk. - IOL website


Durban and Coast Local Division

27 February 2008
9874/03 [2008] ZAKZHC 11
Mouritzen and Another v Mouritzen and Others


Natal Provincial Divisionhttp://www.saflii.org.za/

29 February 2008
AR 516/06 [2008] ZAKZHC 13
Njapha and Others v Govender

29 February 2008
AR 386/2007 [2008] ZAKZHC 12
Garderner's Grapevine CC trading as the Grapevine v Flowcrete Precast CC and Another

Contrite killer gets 30 years - 6 March
A high court judge in Pietermaritzburg yesterday imposed an effective sentence of 30 years' imprisonment on a young man whose conscience over the murders of three people - including a baby - at Bergville in 2006, drove him to confess to the police last year. Jikani Elias Nzimande pleaded guilty and said he decided to kill Mankanaza Shoba because he believe Shoba had been practising witchcraft against his family. - Witness website

Minister continues legal fight against newspaper - 4 March
In a battle to protect his integrity, KZN Minister of Finance and Economic Development Dr Zweli Mkhize has hauled the City Press newspaper into court for defamation. The paper was originally being sued for R1 million, but Mkhize has since dropped his claim to R300 000 plus a published apology and retraction from the newspaper, the Pietermaritzburg High Court heard yesterday. Mkhize took exception to an article published in the newspaper on March 4 last year, relating to allegations of an assassination plot against Mkhize by Bruce Mhlongo. - Daily News website

Alleged drug queen 'has the cops in her pocket' - 1 March
Alleged drug queen Ramjeni Chetty "has the law and police officers in her back pocket", state advocate Waldo Smit told the Pietermaritzburg High Court this week. Smit was opposing Chetty's bail application before Judge Celumusa Ndwandwe. Chetty was arrested in October last year after a raid on her home by the Scorpions. At the time, she was out on bail after her arrest in 2005 on several drug charges. - The Times website

Zuma Case

Zuma to have his say over papers  - 7 March
African National Congress president Jacob Zuma will get a chance to intervene in the arms deal case proceedings now under way in Mauritius. Thales International Africa is opposing transmission by the Mauritian attorney-general's office of a set of documents to SA's National Prosecuting Authority (NPA). Zuma's attorney said Zuma wanted to intervene in the case in the Mauritius Supreme Court today, as there were certain facts to which he felt the court should give its proper consideration. - Business Day website

Taxpayer to pay for Zuma saga - 29 February
The South African taxpayer is set to pay for another round of expensive litigation in which ANC president Jacob Zuma will try to convince a foreign court that the South African justice system cannot be trusted. Yesterday the Mauritian attorney- general formally served notice on the Mauritius High Court that he would oppose an application brought by Zuma to prevent Mauritius sharing evidence of his alleged corruption with the South African authorities. - The Citizen website


Northern Cape High Court - http://www.saflii.org/

29 June 2007
869/2006 [2007] ZANCHC 47
Meepo ya Secaba v Kotze and Others

Court decision undermines validity of mineral prospecting rights - 4 March
A recent groundbreaking decision in the Northern Cape High Court has led to concern about the validity of prospecting rights granted under the signature of the minerals and energy department regional managers. Most, if not all, prospecting rights have been granted under the signature of regional managers, says commercial law firm Bell Dewar & Hall director Nic Roodt. In a case involving investment consortium Meepo, the court declared a prospecting right granted by a regional manager null and void. - Business Day website


Transvaal Provincial Division - http://www.saflii.org/ ; (Court rolls at http://www.courtroom.co.za/roll.php)

7 March 2008
43659/2007 [2008] ZAGPHC 72
New Heights 326 (Pty) Ltd v George Bousentrum (Pty) Ltd

6 March 2008
6263/2008
Blake v Buitendag and the Greater Marble Hall District Municipality

3 March 2008
32826/2005
N N Mhlongo v The Road Accident Fund

Extraditions thrown into disarray by landmark ruling - 7 March
A landmark Pretoria High Court judgment delivered yesterday found that SA could not extradite Stephen van Rooyen and his American model wife Laura Brown, because Parliament had failed to enact the country's extradition agreement with the US into law. - Legalbrief website
* * * Subscription required * * *

Blind dad reunited with baby - 3 March
A blind father has finally been reunited with his nine-month-old daughter after a bitter legal battle. And now lawyers want the courts to prevent social workers from taking children away from their biological parents on flimsy grounds. The girl was taken away from her father in November last year, shortly after her mother's funeral. The father, who can't be named to protect the child, looked after his sickly wife during the months preceding her death and also cared for the baby and his wife's two teenage children. A social worker, however, decided to remove the children ostensibly because the father is blind. - IOL website

See also :

Reflections of a blind father of sighted children. - Audacity Magazine website

King loses another round with taxman - 3 March
Businessman Dave King has lost another round in his legal battle with the SA Revenue Service (Sars), which alleges that King and the entities he controls owe more than R2.5 billion in tax. An urgent application to the high court in Pretoria by Carmel Trading, to set aside the acceptance of a tender by the sheriff of the high court for the sale of the company's Dassault Falcon 900B aircraft, was dismissed with costs on Friday. Carmel Trading is allegedly controlled by King. The highest tender received for the aircraft, which has been parked at Le Bourget airport in France for about five years, was $13.585 million (R106.5 million). - Business Report website

'I know your every move' - 3 March
A woman who allegedly has been tormented by cellphone calls and SMSs since November has been granted a court order compelling cellular network giant Vodacom to provide her with information about the relevant cellphone number. The court ordered Vodacom SA (Pty) Ltd to make copies or extracts of its record documents, data and/or call information since November 13 2007 available to Yolandi Storm. The cellphone number is mentioned in the court order. Vodacom also must make details of the owner/s of the cellphone contract or the party/ies by whom the contract was taken out available to Storm. - News24 website

Woman still waits for damages payout - 3 March
A Christmas shopping expedition more than five years ago turned into a nightmare for a Lyttelton woman when a notice board fell on her neck in Centurion Hyperama in Pretoria. A year ago the Pretoria high court [Judge Ben du Plessis] ordered that Shoprite Checkers and a cleaning company were liable for the damages suffered by Gloria Wijburg. She had instituted a R200 000 damages claim. The court has yet to determine how much damages she suffered. Shoprite Checkers denied liability and blamed the accident on Wijburg, saying she should have been alert and should have looked up. Lawyers acting for Wijburg said her case was scheduled to be heard this year. - IOL website

Selebi drops NPA action - 2 March
The high-profile cases of National Police Commissioner Jackie Selebi and former transport minister Mac Maharaj against the Scorpions were struck off the roll last week. Maharaj's case against the Scorpions and its "disruptive" powers was removed from the Pretoria High Court roll last week. Selebi's lawyers informed the National Prosecuting Authority (NPA) on Friday that they would abort the application to stop their client from being prosecuted. - News24 website

See also Magistrates Courts. Randburg below

Social Assistance Act Case

State will fulfil its grant promise, says advocate - 6 March
Government had every intention of eventually extending child care grants to all children under 18, but could not do so overnight, the Pretoria High Court was told yesterday. Advocate Gilbert Marcus, senior counsel for Finance Minister Trevor Manuel, argued that the court should dismiss an application by Florence Mahlangu, who brought an application on behalf of all impoverished teenagers between 14 and 17 to force government to extend child care grants to them immediately. Counsel for Mahlangu, Alan Dodson, argued that government was unfairly discriminating against impoverished teenagers by limiting child care grants to under 15s and was acting unlawfully, as the Social Assistance Act defined children as all persons under 18. - Dispatch Online website

Grants: woman takes on the State - 5 March
In a class action which could affect about 2,5 million poverty-stricken teenagers in the country, the Pretoria high court was on Tuesday asked to order government to extend the child support grant to poor children under the age of 18. Children now receive the grant until they turn 14 and from January next year this will be paid to children until they turn 15. But Judge NM Mavundla was told that the Social Assistance Act defined a child as anyone under the age of 18 and that it was thus unconstitutional as it excluded 14 to 17-year-old children from the child support grant. - IOL website


Witwatersrand Local Division - http://www.saflii.org/

12 March 2008
A251/04 [2008] ZAGPHC 87
S v Schoeman

11 March 2008
21224/2007 [2008] ZAGPHC 84
Minister of Justice and Constitutional Development v Chonco and Others

10 March 2008
CA03/06 [2008] ZAGPHC 86
S v Chetty

5 March 2008
CA156/06 [2008] ZAGPHC 85
S v Nkosi

5 March 2008
2006/20062 [2008] ZAGPHC 81
Inzalo Communications & Event Management (Pty) Limited v Economic Value Accelerators (Pty) Limited

3 March 2008
A2250/2004 [2008] ZAGPHC 55
S v Mphonza

29 February 2008
05/29099 [2008] ZAGPHC 56
Grobler v Msimanga and Others

Chinese widow flies in to battle taxi firm - 2 March
A Chinese widow has flown to South Africa to take the supplier of 14-seater Inyathi taxis to court to be liquidated because it owes her more than $19-million (about R147,6-million). Yan-Ping Ke owns a Chinese company that supplied minibuses and spare parts to China Auto Manufacturers (CAM), which in turn sells these taxis, known as CAM Inyathis, in South Africa. If she is successful in her Johannesburg High Court application her attorney, Zehir Omar, said this would mean the end of supply of all parts for the Inyathi taxis that have recently flooded the public transport market. In court papers she said CAM spent all the money she is owed on luxury properties in South Africa and even the purchase of a Mozambican island named Inyathi. - IOL website


Magistrates Courts

Germiston

Who will preside over this case? - 4 March
The first day of one of the South Africa's biggest drug traffic trial ended in a giant anti-climax and yet another postponement. The Scorpions had brought their witnesses to the Germiston magistrate's court, one of the accused got a "day pass" from hospital and the stage was set for the sensational R250-million drug trail. But there was one problem. The magistrate due to hear the trial had already ruled on two plea bargain agreements between the Scorpions and Glen Agliotti and Clinton Nassif. This meant that, by law, the magistrate was disqualified from presiding over the trial. - IOL website

Randburg

Selebi 'went fishing' in court - 2 March
Police chief Jackie Selebi's civil court attempts to quash charges against him were no more than a fishing expedition and a calculated attempt to test the strength of the case against him, opponents and analysts charged. "He definitely put pressure on the NPA (National Prosecuting Authority) to test the strength of its case against him," said the acting head of the Institute for Security Studies, Dr Johan Burger. The defence not only managed to gauge the strength of the Scorpions' case against Selebi during court arguments but also forced the state to hand over incriminating testimony from crime kingpin and Selebi's one-time close friend, Glenn Agliotti. The state was also forced to hand over the review of the Scorpions against Selebi. - allAfrica website

See also Transvaal Provincial Division / Selebi above

Scottburgh

Court proceedings conducted in isizulu - [1 March]
Durban's chief magistrate, Thamsanqa Mabaso, said a Scottburgh magistrate who held court proceedings in isiZulu on Wednesday would be commended by those who were proud of the language, the Mercury newspaper reported yesterday. Magistrate Themba Ndlovu was presiding over the case of an Austrian footballer who was killed on a golf course on the KwaZulu-Natal South Coast in November last year. On Wednesday, before the Burgstaller case, Ndlovu addressed and questioned the accused in five individual cases in isiZulu. An interpreter was present at the court but failed to do any interpreting into English. The state prosecutor – who refused to give his name – told reporters that the only reason Ndlovu addressed the court in isiZulu was because all of the accused were isiZulu speakers. At least 10 people in the court were non-Zulu speakers, including two court orderlies. After reporters raised concerns about the language issue, the magistrate said he would not apologise because isiZulu was one of the official languages.
He said the law only dictated that parties to litigation had to understand proceedings, so interpretation was not necessary for members of the public and the media. Deputy director of the secretariat of the magistrate's commission, Matthew Mfundisi, said it was an issue that needed further debate. - The Sowetan website


Competition Commission, Tribunal and Appeal Court - http://www.compcom.co.za/ ; http://www.comptrib.co.za/

Construction firms come forward with evidence of anticompetitive behaviour - 29 February
South Africa's increasingly assertive competition watchdog, the Competition Commission, has confirmed receipt of applications for 'corporate leniency' from companies operating in the construction sector as its investigation into the industry heats up. This implies that companies that have knowingly engaged in anti-competitive behaviour are ready to offer insight that could lead to prosecutions under the Competition Act. - Creamer Media's Engineering News website


   Government and Legislation

South Africa Government Information - http://www.gov.za ; http://www.polity.org.za

Statements and Speeches

6 March 2008
Customs House will be ceded to the Cape Town International Convention Centre

6 March 2008
Post-Cabinet briefing

5 March 2008
KwaZulu-Natal Cabinet Indaba statement

5 March 2008
Introduction of the Technology Innovation Agency Bill to the National Assembly by Minister Mosibudi Mangena

4 March 2008
Media statement, KwaZulu Natal Cabinet Indaba Drakensberg Sun, 3 to 5 March 2008

29 February 2008
The Public Service Commission releases reports on Grievance Trends in the Public Service and Trend Analysis on Complaints Lodged During the 2006/07 Financial Year


Parliamentary Monitoring Group - http://www.pmg.org.za/
Please note that the PMG website is undergoing extensive amendments at present. You may be required to be a subscriber to access certain Committee reports

Committee Minutes

26 February 2008
Browse Mole Report

Arts and Culture Committee

28 February 2008
Committee Minutes : adoption : 29 January to 19 February

Budget Committee

22 February 2008
2008 Budget:  National Treasury briefing

Communications Committee

26 February 2008
Sisulu Report : briefing by SA Broadcasting Corporation & Premier Soccer League

Correctional Services Committee

26 February 2008
Use of Consultants and Outsourcing by Correctional Services : input by Minister & National Commissioner

22 February 2008
Committee Oversight Reports : adoption

Economic Affairs Committee

20 February 2008
Trade & Industry Department's Annual Report 2006/07

Finance Committee

26 February 2008
Collaborative Africa Budget Reform Initiative (CABRI) : Adoption ; Fiscal & Financial Commission & Division of Revenue Bill 2008

21 February 2008
Budget 2008 Briefing by Minister of Finance ; Division of Revenue Bill : Financial & Fiscal Commission Input & adoption

Health Committee

26 February 2008
Briefing by the Minister of Health on Private Hosptials and Fees, Price Fixing on Drugs and Dual Therapy

Home Affairs Committee

28 February 2008
Home Affairs Response to Committee Requests for Provincial Reports

Joint Monitoring Committee on Children, Youth and Persons with Disabilities

22 February 2008
Child Justice Bill & Impact of State of Nation Address : Researcher's briefing

Justice and Constitutional Development Committee

4 March 2008
Jurisdiction of Regional Courts Amendment Bill : public submissions & Implementation Policy briefing

27 February 2008
Rules Under Promotion of Administrative Justice Act, Jurisdiction of Regional Courts Amendment Bill, Mandating Procedures of Provinces Bill, 2007

26 February 2008
National Prosecuting Authority Annual Report briefing

22 February 2008
Jurisdiction of Regional Courts Amendment Bill : Department response to submissions

Labour Committee

26 February 2008
Sector Education Training Authority Performance 2006/7 : Labour Department briefing

22 February 2008
Briefing on the State of the Nation Address and How it Impacts on the Department of Labour

Local Government and Administration Committee

22 February 2008
Local Government Laws Amendment Bill : deliberations

Monitoring Improvement of Quality of Life and Status of Women Committee

22 February 2008
Topics for Discussion, Budget Vote Preparations, Meeting Attendance

Private Members' Legislative Proposals Committee

27 February 2008
Minnie's Proposal to Amend Transnet Pension Fund Act : briefing & discussion

22 February 2008
Minnie's Proposal for Transnet Pension Fund Amendment Bill : motivation

Provincial and Local Government Committee

26 February 2008
Municipal Finance Management Act Implementation : Treasury briefing

Public Accounts Committee

27 February 2008
Department of Land Affairs, Land Bank, Department of Water Affairs and Forestry : Hearings on Audited Financial Statements

Public Services Committee

27 February 2008
Maritime International Conventions : Transport Department briefings and adoption

Public Works Committee

27 February 2008
Committee Programme & Oversight Reports

Social Development Committee

27 February 2008
Prevention of and Treatment for Substances Abuse Bill : Department briefing

Sport and Recreation Committee

26 February 2008
Cricket SA : Transformation Policy : Selection of National Cricket Team

Water Affairs and Forestry Committee

27 February 2008
Committee Business


Legislation

Cabinet approves new Expropriation Bill - 6 March
Seven new Bills have been approved by South Africa's Cabinet to be submitted to Parliament. They include the already controversial Expropriation Bill, as well as the Land Use Management Bill that will be associated with it. The other Bills are the Agricultural Debt Management Repeal Bill, the Social Assistance Bill, the Medical Schemes Amendment Bill, the Protection of Information Bill and the National Space Agency Bill. - Mail & Guardian website

Expropriation Bill

Expropriation Bill to go before Parliament - 6 March
The Expropriation Amendment Bill is to go before Parliament as current legislation is not consistent with the Constitution, Government Spokesperson Themba Maseko said on Thursday. Speaking at a Post-Cabinet briefing at the Union Buildings, Mr Maseko said the Bill was approved in the ordinary Cabinet meeting on Wednesday and will be sent to Parliament in the coming weeks for adoption. - allAfrica website

Public Finance Management Act

Public Finance Act to be tightened up by amendment coming in June - 3 March
Amendments to the Public Finance Management Act (PFMA) will be tabled during June, Finance Minister Trevor Manuel has announced in reply to a written question from Eddie Trent (DA). Manuel said he had initiated a review of the PFMA with the objective of among others things "strengthening accountability of departments and public entities to parliament and to align its provisions with that of the Municipal Finance Management Act". He said the tabling of the amendment Bill had followed extensive consultations. - The Herald Online website

Renaming of High Courts Bill

Bill to change apartheid era courts names - 6 March
The apartheid-era names of High Courts will finally be buried if a bill tabled on Wednesday in Parliament is passed into law. The Renaming of High Courts Bill proposes the scrapping of names such as the Transvaal, Bophuthatswana, Thohoyandou, Bisho and Natal Provincial Divisions of the High Courts. The proposed legislation suggests that High Courts in the country be named after their respective provinces in line with South Africa's democratic dispensation. - IOL website

Draft Taxation Laws Amendment Bill

'Double tax' outcry over new tax dodge plan - 5 March
Tax practitioners have raised an outcry against a new tax proposal aimed at cracking down on tax avoidance, which they say removes the tax relief on intra-group transactions granted last year and could have extremely negative effects on legitimate commercial transactions, including black economic empowerment. A host of objections to the measure will be made today during a public hearing on the draft Taxation Laws Amendment Bill organised by Parliament’s finance committee. Treasury and South African Revenue Service officials will also meet accounting firm representatives today in a bid to thrash out a solution. - Business Day website


   Useful Links and Items of Interest

Legal Profession

South Africa

Avoid discount conveyancing, says solicitor - 5 March
Cut-price online conveyancing services are in breach of Law Society rules, a leading law firm has claimed. MTA Solicitors has warned that new entrants to the online conveyancing market could be pulling the wool over clients eyes by quoting low fixed fees but piling on extra costs which could escalate to an amount in excess of £500. Shared ownership, mortgage and stamp duty fees are all typical added extras heaped on unsuspecting consumers by these shady firms. In particular, MTA has outlined rule number seven of the Law Society Code of Conduct which stipulates that both solicitors and their agents must be 'clear and up front with fees' - with failure to do so putting them in direct breach. - Mortgage Introducer website

Firm opens in Cape Town - 5 March
Specialist litigation, property and corporate law firm, Knowles Husain Lindsay (KHL), is opening an office in Cape Town. Resident partner will be Terence Matzdorff, who has over 27 years' experience, all of it while practising in Cape Town.  He will be assisted by shipping, insolvency and commercial attorney, Alan Goldberg. - Cape Business News website

News release from Webber Wentzel Bowens

5 March 2008

Competition Commission approves Webber Wentzel Bowens/Mallinicks merger

The Competition Commission has approved the merger between Webber Wentzel Bowens (WWB), one of South Africa's leading corporate law firms, and foremost Cape Town-based law firm Mallinicks, paving the way for the creation of one of the largest legal firms in South Africa.

The merger is effective from 1 March, 2008.

The new merged firm will operate under the name Webber Wentzel incorporating Mallinicks and have over 130 partners and 285 professionals, almost half of whom are women.

More than 100 of the professionals are black.

The firm will be led by David Lancaster as Senior Partner with Justin Hardcastle as Managing Partner of the Cape Town office.

Webber Wentzel Bowens' senior partner David Lancaster said, "We're delighted that the Competition Commission has approved the merger and we now look forward to growing our combined businesses together and extracting synergies from the tie-up".

The combination of the two firms is an especially good fit in terms of practice strength, key markets and culture. Its core expertise will be corporate services, dispute resolution, property law, competition law and public law.

Said Lancaster : "The merger is particularly beneficial for existing and potential clients in Cape Town where we have had an office for 10 years.

"Mallinicks has close on 40 years of experience and an outstanding reputation in Cape Town and our combined expertise will certainly raise our presence and enable us to continue to hire top talent".

Michael Evans, Chairman of Mallinicks and board member of the new firm, said the deal made good business sense for both firms and he was equally pleased with the merger approval.

"Mallinicks has a strong regional reputation in the Cape and we look forward to enhancing this under the banner of the new merged firm. The merger will allow us to deepen our service offering to clients on a national and international level".

From June 2008, the merged Cape Town office will operate from new premises at the Convention Tower, adjacent to the Cape Town International Conference Centre, as well as from offices in Johannesburg and London.  In the interim, both firms will work from Mallinick's current offices at the Waterfront.

Webber Wentzel Bowens (WWB) has operated in South Africa for over 140 years and has been involved in many of South Africa's record breaking deals like the ICBC purchase of a stake in Standard Bank, Barclays's buyout of Absa and MTN's purchase of Investcom in Dubai.

At the recent annual DealMakers Awards in February, WWB was ranked the top South African law firm in Mergers and Acquisitions and Corporate Finance, by transaction value.

WWB also advised on the Deal of the Year (the Angloplats BEE deal), and the Private Equity Deal of the Year (Bain/Edcon).

Prepared by : FDBeachhead on behalf of Webber Wentzel Bowens (WWB) and Mallinicks Inc

SA judiciary 'untransformed' - 29 February
Creating a compliant and malleable judiciary will not bring about real transformation on the bench, the Law Society journal De Rebus says in its latest edition. The Law Society represents South Africa's more than 20 000 attorneys and candidate attorneys. - News24 website

Zimbabwe

Government infiltrates Law Society - 6 March
The government is mulling draconian legislation to restrict the activities of the Law Society of Zimbabwe (LSZ) through the imposition of leadership sympathetic to the state. Currently, the legal profession is self-regulated, but the government is working on legislation that will give it control over the society. - allAfrica website

Law Society rejects allegations of political agenda, letter proves funding request - 4 March
In an interview yesterday, LSZ president and human rights lawyer, Beatrice Mtetwa said the government wanted to divide its membership because it had always spoken out against the breakdown of the rule of law in the country. - The Zimbabwe Guardian website

Law Society of Zimbabwe rejects state allegations of political agenda - 3 March
The Law Society of Zimbabwe on Monday rejected the accusation by a minister that it is an opposition political body working with the West to bring down the government. - Voice of America website


South Africa

Auditing

Success of new audit board crucial to SA's economic future - 28 February
Mike Bourne, professional practice director, national audit, at Ernst & Young, says the ability of the recently created Independent Regulatory Board for Auditors (IRBA) to successfully transition from the narrow focus of the old Public Accountants and Auditors Board to the more challenging regulatory regime mandated by the 2005 Auditing Profession Act (APA) will be critical in gaining South Africa the respect and confidence of international capital markets. - Consulting Web website

Black Economic Empowerment

Export deals must have BEE factor, says minister  - 7 March
Company black empowerment levels had to be taken into account before firms were allowed to take advantage of the government's international export agreements, Agriculture and Land Affairs minister Lulu Xingwana said on Friday. - Business Report website

BEE advisory council plan on track - 5 March
The long-awaited Black Economic Empowerment Advisory Council is expected to be up and running within the next five months, to provide direction to black empowerment policy and its implementation. First proposed about four years ago, the 20-member council will include five representatives from the government’s economic cluster, among others. Its role would be to monitor and advise on black economic empowerment (BEE), described as lacking co-ordination. - Business Day website

New set of fat cats will milk Zuma-era BEE - 5 March
President Thabo Mbeki's much-vaunted black economic empowerment (BEE) policy is set to change now that there is a new regime in charge of the ruling African National Congress (ANC). On the face of things, the new guard is making all the right noises, saying that BEE should not be limited to the usual suspects and that it should be broad-based. Yet early indications point to the very real possibility that one set of business people who are politically connected may well be replaced after the next general election by a new crowd that has better contacts with the new ANC leadership. At this stage, the new approach is still unclear, save for the intention to make BEE much more broad-based and in keeping with sentiment arising from the party's national conference in Polokwane two months ago. - Business Day website

Mustek and BEE partner to face off in court - 3 March
Technology company Mustek will meet its black empowerment partner in court this month after a bid to unravel its shareholding turned acrimonious. The Puno consortium bought 30% of Mustek's Brotek subsidiary in 2005, borrowing cash from Mustek to fund the deal. Now Mustek wants the shares back so that it can clinch an empowerment deal at holding-company level. - allAfrica website

Business

Progress on crime, governance needed to truly unlock investment into SA : Schrempp - 6 March
Global business personality Jürgen Schrempp, who sits on President Thabo Mbeki's International Investment Council and heads the Southern Africa Initiative of German Business, which promotes investment in the region, believes South Africa could materially increase its attractiveness as a destination for foreign direct investment if it were to send out unequivocal messages on crime and good governance. - Creamer Media's Engineering News website

Sarkozy woos SA business - 3 March
French president Nicolas Sarkozy told South African businesspeople that they must change the way they look at France. "France," he said "wants to be a driver of the economy on the continent. What we did in terms of policy is to raze the barriers set up in the colonial period". He said that France and Africa were walking hand in hand, and that France needed South Africa, for example, in order to deal with the crisis in Iran. "We truly want to root a strategic collaboration with you," he said. - The Times website

Conservation

New regulations for elephants' care greeted with mixed feelings - 28 February
The new Norms and Standards for the Management of Elephants in South Africa has evoked mixed reactions from elephant owners in the Southern Cape, with some welcoming the document and others saying it needs more work. The norms and standards are to be published in the Government Gazette on Friday and will be effective from May 1 this year. - The Herald Online website

Correctional Services

MPs grill prisons chiefs - 27 February
Correctional Services top brass struggled for answers in parliament when MPs turned the heat on them for spending hundreds of millions of rands on consultants to do work for the department. Some of the services rendered by private companies included catering, cleaning, training of staff, security and recruiting new employees. - IOL website

Criminal Justice System

South African laws must bite : Zuma - 5 March
There is too much focus on the rights of criminals in South Africa, ANC president Jacob Zuma said last night. "Why do we talk and defend the rights of a criminal and not of the victim . . . our laws must bite," he said, responding to questions about how he would tackle crime in South Africa at a forum on South Africa's future hosted by Chief Rabbi Warren Goldstein in Johannesburg. He said much was done to ensure the rights of a criminal after they were arrested, possibly for violating another citizen's right to live. - The Times website

Education

Shaiks fight back - 3 March
Shamim "Chippy" Shaik has been stripped of his doctoral degree from the University of KwaZulu-Natal without reasons, his brother Yunis Shaik, a lawyer, said on Sunday. Last year, media reported that "more than two-thirds" of Shaik's 2003 PhD in Mechanical Engineering from the then-University of Natal had been plagiarised and an inquiry had been set up. Shaik has repeatedly denied any allegations of plagiarism. - IOL website

Chippy 'not the only plagiarist' - 3 March
Shamim "Chippy" Shaik was one of many students whose degrees and PhDs had been withdrawn because of plagiarism, the University of KwaZulu-Natal (UKZN) said on Monday. University's spokesperson Dr Dasarath Chetty told Sapa that due to the possibility that the Shaik matter may end up in court, the university did not wish to comment on it. He, however, said several students and former students had been stripped of their degrees after being caught out for plagiarism. - News24 website

Warring teachers won’t take a break together - 1 March
Kwazulu-Natal education authorities have ordered warring teachers at a Cato Ridge school, outside Pietermaritzburg, to go on an all-expenses paid holiday or face indefinite closure over racial differences. But the offer was rejected by white and Indian teachers at George Cato Primary last week. - The Times website

Emigration and Immigration

Judge slates attorney's conduct in detention case - 4 March
Acting Judge Roland Sutherland said the 'grave conduct' of attorney Zehir Omar, in the case in which Yusuf Shail Ali Manjar Ulde sought to have his detention at Lindela declared unlawful, could not be addressed by an apology and ordered that the matter be referred to the Law Society of the Northern Province. Sutherland said the entire inspiration for the case advanced was derived from the unreported judgment of Justice Bertelsmann in the August 2006 case involving Muhamed Kahn versus the Minister of Home Affairs. However, what was 'wholly absent' from Omar's submissions was any reference to the 2007 decision of the full Bench in the case involving Mohammed Ebrahim Jeebhai versus the Minister. Omar, he added, had appeared in the Jeebhai case and a full reading of the case showed that he had good reason to remember it 'more than well'. - Legalbrief website

Environment

Steel giant to spend R150m on cutting Vereeniging plant's dust emissions - 29 February
Africa's biggest steel producer ArcelorMittal South Africa will spend R150-million to cut visible dust emissions at its Vereeniging plant, south of Johannesburg, as part of its R1-billion environmental plan, it said on Friday. This came after the so-called Green Scorpions said in July 2007 that they had found a "series of noncompliances" at the plant. - Creamer Media's Engineering News website

None of ten suffering from manganism, says Assmang - 7 March
Assmang, one of the country's two largest manganese producers, is disputing that any of its employees is suffering from manganism, a condition resembling Parkinson's disease. Bryan Broekman, CEO of the company's Cato Ridge works, said at a Labour Department inquiry last week that in terms of a "revised and more comprehensive" medical surveillance programme developed last year, 27 of its employees showing possible signs and symptoms of manganism were examined by a movement disorder specialist and a neuro-psychologist who concluded that they did not have the disease. - Creamer Media's Mining Weekly website

Assmang management gets more flack from union - 29 February
The National Union of Metal Workers of South Africa (Numsa) has slammed Assmang management for not improving working conditions at the smelter plant in Cato Ridge. This comes as the Department of Labour wraps up its initial inquiry, into workers' exposure to poisonous fumes at the manganese factory. The hearing has heard that the firm was warned in 1995 about the high levels of total dust at the plant, but this warning was ignored. "In a period of 10 years things have not improved. The dust levels, gas levels, smoke levels, are as bad as they were 10 years ago," said Numsa’s Legal Representative, Richard Spoor. - SABC News website

Health

KZN baby wrongfully amputated - 29 February
An internal report from Grey's Hospital in Pietermaritzburg has found that there were complications with an intravascular line, which led to the amputation of three-month-old baby Fikiswa's arm. But the provincial hospital says it cannot pin liability on anyone. She was bitten on the foot by a snake and her toes were amputated. But there were complications ; the report says a drip was inserted into her artery instead of a vein. This caused damage to the artery and led to the amputation of her arm. - SABC News website

Human Rights

5 March 2008
Mr Irvin Khoza apologises after meeting with the South African Human Rights Commission
SA Government Information website

S Africa video was 'play-acting' - 3 March
A video showing white students bullying black staff members was "no more than play-acting" according to a lawyer's letter, South African media report. Two students have been suspended from campus and could face criminal charges. But according to Volksblad newspaper, lawyers for the two students deny that they committed any criminal actions. - BBC News website

Judiciary

Judge Zwelidinga Sabbath Peko dies - 3 March
Judge Peko, Acting Deputy Judge President of the Transkei Division of the High Court, died at the age of 66 after a long illness, a statement from his family said on Monday. He spent 27 years as a magistrate presiding over criminal cases. He became an Acting Judge of the Durban High Court between 1998 and 1999. He also served in the Northern Cape division before being appointed a Judge of the Ciskei Division. In 1999 he was transferred to Mthatha High Court. In December 2002 he was appointed Acting Deputy Judge President of the High Court of South Africa (Transkei Division), until his death.
He was also a member of the Black Lawyers Association.
- IOL website

Land Affairs and Property

40th Annual Sapoa Convention - 5 March
The 40th Annual SAPOA Convention is pulling no punches this year as the big guns of the SA commercial and industrial property industry come to the International Convention Centre in Cape Town to tackle the tough issues of foreign land ownership, rolling power outages and infrastructure shortages, and crime and safety in SA cities. - itinews website

Land bank to lose audit firm - 3 March
Agriculture and land affairs minister has been ordered to appoint a chief executive officer with appropriate banking skills and experience as well as the appointment of senior managers for the troubled government controlled Land Bank. Auditing company Ernst & Young threatened to withdrew its service for the bank if Lulu Xingwana does not appoint the said officers soon. Ernst & Young in a letter to Xingwana and auditor general Terence Nombembe, said that it has been involved in "close monitoring" of the state-owned bank, which is designated as a high audit risk. - Africa News website

Development

Built-environment council to publish skills report - 4 March
The Council for Built Environment (CBE) would publish a comprehensive skills audit report by the end of this month to look at the supply side of skills in the sector, its CEO Bheki Zulu said this week. The report of the CBE, which encompass six professional councils in the fields of engineering, landscape, architecture, project and construction management, property valuers and quantity surveying, would evaluate the efforts that's being taken to increase skills from school level to tertiary education. It would also touch on post-tertiary development. - Creamer Media's Engineering News website

First green development launched - 5 March
Rozelle Green Village - the first eco-friendly security village to be registered with the SA Green Building Association - will offer residents sustainable living and the benefits of renewable energy, in a rural setting located just outside of Wellington in the Western Cape. Director and architect of iBuild Properties, Adriaan Pretorius, conceptualized and designed Rozelle Green Village based on extensive 'green living' research conducted in Australia. - Cape Business News website

Durban regenerated - 2 March
All the way from the Point, an area of ambitious but as yet unrealised regeneration of the "crime and grime" inner city by Durban's docks, via the thriving new business parks and seafront flats of Umhlanga, to the acres of sugar cane being razed in favour of "lifestyle" developments with Indian Ocean views, South Africa's subtropical northern coastline is starting to rival the property scene in the Cape, until now the destination for most British buyers. - Times Online [UK] website

New chairman for IEASA Pietermaritzburg region - 28 February
Brian Codling has been appointed the new chairman of the Pietermaritzburg and interior region of the Institute of Estate Agents of South Africa. - Rodney Hayter website

Land Reform and Restitution

SA needs you, Zuma tells farmers - 6 March
The doors of the African National Congress are open to South African farmers, party president Jacob Zuma said on Thursday. "We should not be afraid to raise any matter," he told grain farmers at the annual Grain SA conference in Bothaville in the Free State. "No matter what kind of problem you have. I would like that relationship really to be strengthened". Zuma said if there was no interaction between parties, matters could lead to tension that could "sit for a long time" and not be resolved. - allAfrica website

Cheers for Zuma as he tells whites his door is open - 7 March
The doors of the ANC are open to South Africa's white farmers and workers, ANC president Jacob Zuma said yesterday. And he told a largely white Afrikaner dinner hosted by trade union Solidarity last night that common ground on affirmative action should be found. They had no other home than South Africa and, as such, their concerns should be taken seriously. - The Herald Online website

Forced removal victims face loss of compensation - 6 March
Hopes of an entire community being compensated for the agony of being forcibly moved at gunpoint by the apartheid government in 1979 have been dashed, after it emerged that only a handful of the 3500 people dumped in Glenmore had made a claim. "It is very unfortunate for the community, but there is nothing we (LCC) can do about it. The claim was lodged just for the Klipfontein community and not the three other areas where people were removed . . . it looks like they have missed out", said Local Land Claims Commission (LCC) deputy director Mandisi Jekwa. According to Jekwa, it was "really unfair" that the rest of the community had not been included in the claim before the December 1998 cut-off date – despite a delegation visiting the Grahamstown Legal Resources Centre (LRC) in 1996. "It looks like they were let down by the Legal Resources Centre. Although it is really unfair . . . I do not know how we can correct it without setting a legal precedent. It is a tough call," Jekwa said. - Dispatch Online website

Still stuck in Glenmore, 28 years after apartheid removal to Ciskei - 6 March
Glenmore is a town that nobody wants – not even the people who live there. From a distance it looks like a ghost town. It lies about 40km off the N2 between Peddie and Grahamstown. - The Herald Online website

ANC MPs on warpath over evictions - 5 March
African National Congress (ANC) MPs took Land Affairs Deputy Minister Dirk du Toit and his officials to task yesterday for failing to halt eviction of workers from farms. The attack by land affairs committee members was the third on the executive by ANC MPs in two weeks. In reply, Du Toit said it was clear from the remarks of MPs that there needed to be a fundamental change in strategy to protect farm workers from eviction. He said the legal framework under which the department worked was about managing the rights of people on farms and not about getting land for them to own. It was a political problem, and it needed a new strategy to find a political solution. - Business Day website

Eviction looms for unemployed farm workers in SA - 5 March
President of Agri-South Africa Lourie Bosman says an estimated three-million people whose employment contracts have been terminated are living on farms in the country. He was commenting on the disclosure to the Parliamentary Portfolio Committee on Agriculture and Land Affairs that farm owners were expected to keep people on their farms, even after the termination of their contracts. - SABC News website

Legal Delft occupants sympathise with evicted - 3 March
Families who moved into Delft houses, illegally occupied until two weeks ago, say they sympathise with those who were evicted, but the N2 Gateway houses were allocated fairly. The 30 families were given keys to their new homes on Friday and had to be escorted by armed guards because many of the people evicted from the houses were upset that they had to squat while others moved into "their" homes. - IOL website
Keyphrase :
Delft Eviction Case

Minerals and Energy

State Diamond Trader officially launched in South Africa - 3 March
Following months, or even eyars, of preparation, the State Diamond Trader (SDT) officially opened in South Africa at the endo f last week. The entity will allocate part of the rough produced in South Africa to local diamond manufacturers, mainly small and medium-sized companies. The SDT is expected to acquire 10% of the local diamond producers' production and divide it among local manufacturers. - The Israeli Diamond Industry website

29 February 2008
Keynote address by Minister of Minerals and Energy, Buyelwa Sonjica at the launch of the State Diamond Trader and the South African Diamond and Precious Metals Regulator
SA Government Information website

Mixed report for mining in South Africa - 29 February
For mining companies, South Africa as an investment destination scores poorly on security, uncertainty in administering regulations and inconsistency between central and provincial departments, according to the latest Fraser Institute survey. But the country scored reasonably well on issues such as quality of its geological database, availability of labour and skills and quality of infrastructure. - Resource Investor website

Erwin announces plan for 14 pebble-bed reactors - 6 March
Public Enterprises Minister Alec Erwin revealed yesterday that the state power utility Eskom was planning to open as many as 14 pebble-bed modular reactors (PBMRs) around the country to combat the country's dire electricity shortage. This statement was according to a written reply to a parliamentary question. - The Herald Online website

S Africa names new partners for reactor programme - 4 March
South Africa's advanced nuclear reactor technology programme will include US-based Westinghouse Electric as a partner and a new shareholders' contract is expected by the end of the month, an official said on Tuesday. South Africa is currently testing elements of the Pebble Bed Modular Reactor (PBMR) and wants to build 24-30 PBMR reactors for its own energy needs. Lynette Milne, chief financial officer of Pebble Bed Modular Reactor (Pty) Ltd (PBMR) set up in 1999 to develop and market the technology, said a new shareholders' contract will also include South Africa's government, the Industrial Development Corporation and power utility Eskom. - Reuters website

Greenpeace cofounder Moore backs nuclear power - 3 March
Adding a green voice to the promotion of nuclear power generation, ecologist, environmentalist, and cofounder of Greenpeace, Dr Patrick Moore affirmed his environmental support for nuclear power while in Johannesburg on Monday, and stated that there was "every reason to choose nuclear power over coal". Currently chairperson and chief scientist for Greenspirit Strategies consultancy, Moore explained to journalists his shift from 'politics of confrontation' in his Greenpeace days, to 'politics of consensus' in promoting sustainability and focusing on what should be done rather than what shouldn't be done. - Creamer Media's Engineering News website

SA signs engineering, nuclear skills pact with French firm - 29 February
At a ceremony attended by French President Nicolas Sarkozy and South African President Thabo Mbeki, the CEOs of French nuclear firm, Areva, and Nuclear Energy Corporation of South Africa (Necsa) signed an agreement that would see Areva's support for engineering and nuclear skills development extended and increased. - Creamer Media's Engineering News website

France will 'fight' to supply South Africa coal, nuclear plants  - 29 February
French President Nicolas Sarkozy said France will "fight'' to supply coal and nuclear plants to South Africa to help alleviate a power shortage. Sarkozy spoke today at a meeting of the South Africa-France Business Forum in Cape Town. Alstom SA, the world's largest maker of coal-fired power plants, signed a 1.3 billion-euro ($2 billion) agreement with South Africa's state-owned electricity utility Eskom Holdings Ltd today to build six units at the Bravo power plant. The units will come on line between 2012 and 2014. - Bloomberg website

French agency's loan seeks to encourage localisation of 100-MW SA wind farm - 29 February
South African power utility Eskom and French development agency Agence Française de Développement (AFD) signed a financing framework agreement at the weekend as a precursor to the conclusion of a €100-million, 20-year loan for the partial financing of Eskom's new wind farm project. - Creamer Media's Engineering News website

Eskom to block power to some new building projects - 5 March
Eskom Holdings Ltd, South Africa's national power utility, won't approve some construction projects for four to six months as it assesses an electricity shortage that shut most of the country's mines for five days in January. "Factory size'' projects requiring more than 100 kilovolt- amperes won't be approved in the period, Andrew Etzinger, a spokesman for state-owned Eskom, said in an interview from Johannesburg today. Prior commitments will be honored, he said. - Bloomberg website

Building industry shaken by shock Eskom move - 6 March
The shock move by Eskom to delay all major new construction projects by up to six months because of the power crisis could devastate the building industry and cost thousands of jobs. Developers, builders and businesses in the Eastern Cape have expressed concerns over the new plan, while Cosatu has slammed the move and says it has not ruled out protest action should jobs be lost. In a statement issued yesterday, Eskom downplayed the move, saying it would not be stopping any developments that had already been approved, such as the Gautrain and 2010 soccer World Cup projects. - The Herald Online website

New projects to be delayed by six months : Eskom - 5 March
Experts earlier in the day expressed disbelief over reports that Eskom and Johannesburg's City Power would delay any new building projects of this size in the country for the next six months, saying such a move would send South Africa into "immediate" recession. - Creamer Media's Engineering News website

New levy system welcomed - 6 March
The Cape Town Regional Chamber of Commerce and Industry has welcomed the Government plan to give provinces and municipalities a share of the national fuel levy as an alternative to a provincial fuel tax. "This is a much better idea than allowing provinces to set their own fuel taxes", said Dr Gerald Wolman, President of the Chamber. "It should be a more efficient and fairer system but we must now insist that these funds from the national fuel levy are ring fenced and used only for road and transport spending. We don't want them being frittered away in general revenue spending". - Cape Business News website

Municipal Management and Procedure

eThekwini

Sun to keep shining on Durban's beaches - 7 March
New building developments on beaches in the eThekwini Municipality will not be approved unless the developers can prove that the buildings will not cast shadows on the beach until the late afternoon. This is one of the stringent requirements contained in the municipality's proposed Minimisation Of Shadows On Beaches Policy, which was contained in the agenda of yesterday's economic planning and development committee meeting. - IOL website

Municipality must get property values correct - 5 March
I have no qualms with the method used to calculate a property value. My concern lies with how the market value of the property was determined. - The Times website

Chatsworth residents can't afford the hike - 5 March
The eThekwini municipality has not considered the present living conditions of the people of these poor areas, many of whom will lose their houses as a result of the rates increase. - The Times website

Brakes on street renaming - 4 March
The brakes have been put on Durban's controversial street-renaming project, as the ANC and Democratic Alliance prepare to meet in a last-ditch bid to thrash out contentious issues. The naming of some streets after revolutionary leaders like Fidel Castro and Amanzimtoti freedom fighter and bomber Andrew Zondo are expected to feature prominently in the discussions, which could be held within the next two weeks. City manager Michael Sutcliffe yesterday said there had been a consensus that the meeting, and further negotiations at the Masakhane Committee, which is spearheading the project, should not be rushed. - Daily News website

Imagine Durban : Accessible Services And Infrastructure Theme Workshop

Despite noticeable improvements in service delivery over the past few years, it still remains evident that there are indeed some areas, which the municipality needs to improve on. With this in mind, the public are invited to attend a workshop to discuss issues of accessibility of services and infrastructure. These issues will be thoroughly discussed in an effort to develop a long and sustainable plan for the city. This workshop is the third in a series of workshops hosted by the Imagine Durban Team.

Imagine Durban is now in the process of developing goals, and strategies to address Accessible Services and Infrastructure. If you have time we would appreciate your participation in our workshop that addresses the issues of access to transport, housing, municipal services, recreational and other amenities.

The details of the workshop are as follows :
Date : Wednesday 19 March 2008
Time 9h00 - 12h30 (Light snacks will be served afterwards)
Venue : Hall, Visitors Complex, Durban Botanical Gardens
RSVP : Zama Ndlovu
Tel : 031-311 3444 Email :
ndlovuzc@durban.gov.za

Imagine Durban (http://www.imaginedurban.com) is a city-led, community-driven initiative on integrated, long-term planning that is being implemented in conjunction with Sustainable Cities, a Non Governmental Organisation from Vancouver, Canada, and the PLUS Network, a network of 35 cities in 14 countries established to share experiences in sustainability planning and sustainable community development.

The Imagine Durban Project will produce a long-term plan for Durban.
The main elements on the plan will be :
1. Vision
2. End State Goals
3. SMART Targets (specific, measurable, achievable, realistic and time-bound)
4. Strategies
5. Programmes
In order to develop draft Goals, Targets, Strategies and Programmes key theme areas have been identified.  Theme meetings will be held for these key themes.  These theme meetings will be open to the broader public and an active effort will be made to involve the relevant stakeholders groups.   The following key themes have been identified :
Safe City
Caring and Commitment
Economic Development and Poverty Alleviation
Human Development
Accessible Services and Infrastructure (this workshop)
Environmental Sustainability
History, Heritage and Culture
If you can't attend the workshop but have some good ideas we would like to hear them. Please submit your ideas on our website
http://www.imaginedurban.com/yourIdea.aspx  (Ideas can also be submitted by fax on 031 311 3446 attention : Sindira Chetty).    

Johannesburg

Complex owners' rates and taxes dilemma - 5 March
The owners of units in townhouse complexes are required to complete forms with details of their dwellings, which were meant to be sent to the Johannesburg City Council before February 29. The forms are available on the council's website. They can be completed and sent to the council via e-mail. After completing the forms I tried to submit them by e-mail on February 27, but my e-mail came back with the message that the council's "database is full". I phoned the number supplied on the website but nobody had answered after 30 minutes. This process went on for three days. - The Times website

National Prosecuting Authority

'Trust us' not good enough in criminal justice system - 3 March
Back in the early 2000s, the Institute for Security Studies commissioned me to write a monograph on the Scorpions. The National Prosecuting Authority (NPA) provided access to their Scorpions staff - who were allowed to speak freely and anonymously - for interview purposes. At the time, the NPA was still grappling with the question of how the Scorpions "mandate" should be defined, so this issue was part of the research brief. One of the key messages emerging from the interview process with both internal and external stakeholders was that it was less important to define what types of cases they take on than to manage how cases were selected and to have proper oversight - to ensure actual and perceived bias in their operation would be minimised. But at the time the Scorpions enjoyed the support of an all-powerful president, and this message went largely unheard. - allAfrica website

Road Accident Fund

Road Fund warns MPs of cash crunch -6 March
The underfunded Road Accident Fund might be forced to refuse accident victims' compensation claims as its cash reserves are running dangerously low. It had not received adequate funding for the coming year, fund CEO Jacob Modise told Parliament's transport committee yesterday. Refusing payment would mean accident victims would have to seek compensation by means of civil litigation. - allAfrica website

Motorists could soon foot accident bills - 5 March
Motorists could soon find themselves having to fork millions of rands to compensate victims who sustain injuries in car accidents, MPs heard on Wednesday. Appearing before the national assembly's transport committee, Road Accident Fund executive Jacob Modise said the fund, which currently is currently struggling to settle claims because of its poor financial situation, was considering invoking a law that would make motorists liable for injuries sustained in vehicle accidents. - IOL website

Trade and Industry

Development through trade - 3 March
South African individuals and companies involved in trade have to know as much as possible about the conditions of trade. It is therefore important that policies and regulations affecting them are developed and disseminated more transparently than at present. The trade and industry department has initiated a trade policy review process aimed at putting its trade policy in better shape, potentially to engage in further liberalisation of its tariff policy and to have more clarity on issues such as services, investment and government procurement. - allAfrica website

Miscellaneous

Lion King roars disapproval over his seat - 4 March
Lebo M brought drama to the Naledi Theatre Awards on Monday night when he threw a tantrum about his seat. The composer is known for arranging and performing music for The Lion King movies and stage show. Winning the best production of a musical award, he launched a scathing attack on the event's organisers. "As an invited guest, I didn't even have the honour of sitting here in front - I am in the last row. It may sound like a joke, but I am insulted," he said, sparking boos from some in the crowd. "I am disappointed," he said, before putting the Naledi statues on the floor and returning to his seat. The gesture seemed to anger organiser Des Lindberg, who said Lebo M had not even had the courtesy to acknowledge his Lion King co-producer, Pieter Toerien. Lindberg then walked off the stage, leaving his wife Dawn to explain that Morake had been seated at the back of the auditorium because he had arrived late. A seat had been reserved for him at the front of the theatre. - IOL website

Video footage at http://www.thetimes.co.za/News/Article.aspx?id=719877

5 March 2008
Statement on Race "Controversy" in the theatre sector
SA Government Information website


Africa

Botswana

South African, Botswanan sentenced to death in Botswana for murder - 7 March
A South African and a Botswana citizen have been sentenced to death by a court in Botswana for the murder of two Zimbabweans in 2000. South Africa's Michael Molefe and Brandon Sampson from Botswana, were found guilty by the Lobatse High Court earlier this month of murdering two Zimbabweans during an armed robbery near the capital Gaborone in December 2000. The two have been in police custody in Botswana since shortly after the killings and have six weeks to appeal against the sentence. - Earth Times website

Egypt

Woman to conduct Egypt marriages - 28 February
Egypt has appointed a woman to conduct Muslim marriages for the first time. Amal Soliman, 32, has broken centuries of tradition by being chosen as a judicial assistant who officiates at weddings, known as a maazun. Some commentators are saying she is the first female in the Muslim world authorised to conduct religious marriages. The mother of three has a masters degree in law which helped her beat 10 male candidates to get the job. - BBC News website

Malawi

Law drafted to prevent claims of HIV and Aids cures - 28 February
Malawi has drafted a law to prevent traditional healers from claiming that they can cure HIV and Aids and religious leaders from advising their congregations to give up treatment for prayer, Mary Shawa, principal secretary for nutrition and HIV and Aids at the president's office, said on Tuesday, Reuters South Africa reports. The draft bill will be presented to Malawi's Parliament on March 4, Shawa said, adding that when the bill "passes into law, all those traditional healers claiming to cure Aids and religious leaders stopping people from taking" antiretroviral drugs "will be dealt with". She added, "These are desperate times, and we need stern action to deal with these people misleading people". - IOL website

Nigeria

FCT may demolish uncompleted structures - 3 March
The Federal Capital Territory (FCT), has said it would soon embark on demolition of uncompleted buildings littering the city, as part efforts to enhance  aesthetics and to make  the place more conducive for residents. Director of the Development Control Department of the FCT, Alhaji Yahaya Yusuf, who stated this at an accountability forum organised by  Abuja chapter of the Nigerian Union of Journalists (NUJ) at the weekend, said the department may be forced to invoke   provisions of the regional planning law of 1992 as amended. - This Day Online website

Zambia

Zambia mine owners offer counter tax proposals - 3 March
Foreign owners of Zambian copper mines have proposed a 12,5% windfall profit tax, rejecting the government's proposed 25% rate, a senior industry official said on Monday. - Creamer Media's Mining Weekly website

Zimbabwe

Zimbabwe limits possession of cash in bid to brake inflation - 4 March
The Zimbabwean government has made it illegal to possess more than Z$500 million in cash, it emerged yesterday equivalent to US$21. According to a new regulation published last month, anyone found with more than Z$500m in cash will be guilty of "unlawful hoarding". - Cape Times website

Britain keen on sports ban on Zimbabwe : BBC - 4 March
The British government is considering stepping up the pressure on Zimbabwe by banning its athletes from competing in Britain, the BBC has reported. The Inside Sport programme reported that the ban could notably prevent the Zimbabwe cricket team from touring England next year. - AFP website

Any Zimbabwe sport ban 'madness' - 4 March
Zimbabwe has reacted angrily to reports the British government is considering banning all Zimbabwean sports people from competing in the UK. Zimbabwe's Information Minister Sikhanyiso Ndlovu told the BBC that any ban would be "racist" and "madness". The UK prime minister's spokesman has denied that a ban is being planned. - BBC News website


Asia

India

India cancels small farmers' debt - 29 February
The Indian government is to cancel the entire debt of the country's small farmers in a giant scheme that will cost 600bn rupees ($15bn ; £7.6bn). The farm loan cancellations will be offered to all farmers with less than two hectares of land. - BBC News website

Indonesia

Bali three win execution appeal - 6 March
Three Australians convicted of drug smuggling in Indonesia have had death sentences commuted to life in prison. Defence lawyers argued that the men - members of the so-called Bali Nine - deserved leniency because they were young and were not repeat offenders. Indonesia's Supreme Court accepted the arguments and overturned its own 2006 decision to mete out the death penalty.  The nine - eight men and one woman - were arrested in Bali in April 2005 with more than 8.3kg (18lb) of heroin. - BBC News website
Keyphrase :
Drug smuggling


Europe

Austria

Court bans veiled terror suspect - 3 March
An Austrian court has excluded a young Muslim woman from the start of her trial on terrorism charges because she refused to remove her full-face veil. The suspect, identified as Mona S, is charged, along with her husband Mohamed M, with links to al-Qaeda and posting a threatening video on the internet. The presiding judge ordered the woman to be escorted from the court, arguing the jury could not judge her without seeing her face. Both suspects deny the charges. - BBC News website

 

United Kingdom

Emigration and Immigration

UK cuts country slack on visa demands - 7 March
The government has convinced the British government that there is no need to remove South Africans' free visa status for visits to the UK. This emerged at yesterday's post-cabinet briefing, when chief government spokesman Themba Maseko said there had never been a British decision to introduce visa requirements for South African travellers. - allAfrica website

Migrants challenge rule changes - 5 March
The government's decision to change the rules for highly skilled immigrants is facing a challenge in the High Court. It is claimed retrospective changes to the Highly Skilled Migration Programme (HSMP) in 2006 will mean thousands of non-EU migrants have to leave the UK. The HSMP Forum, which is seeking the judicial review, says 90% - 44 000 people - who entered under the HSMP no longer qualified. - BBC News website

Legislation

Britain's blasphemy law no longer sacred - 5 March
A funny thing happened in November when Britain launched a righteous protest over Sudan's arrest of a British schoolteacher accused of insulting Islam by letting her students name a class teddy bear Muhammad. The Sudanese ambassador was summoned; Prime Minister Gordon Brown issued a protest. But it didn't take long for someone to point out that Downing Street was standing on diplomatic quicksand : Britain itself has a law making blasphemy a crime. - LA Times website


International

International Law

Responsibility to protect, the International Criminal Court, and stopping atrocities in the real world - 3 March
In the fight to eliminate genocide and crimes against humanity from the face of the earth, we cannot rely on ad hoc responses based on the whims of political will every time a crisis erupts around the globe. At some point, there must be some measure of automaticity associated with our response, built solidly upon principles of international law and hard-earned lessons from previous efforts. To that end, the world has recently seen the birth of two essential pillars in that foundation : the International Criminal Court and the doctrine of the "Responsibility to Protect". Article by John Prendergast and Lisa Rogoff. - allAfrica website

Trade and Industry

Doha is doable but no deadline has been set - 5 February
Structural changes in the global economy and concerns about food security have added impetus to the World Trade Organisation's call for a multilateral trade deal to help smooth the global supply of food. World Trade Organisation (WTO) director-general Pascal Lamy, on a stopover visit in SA at the weekend, told Business Day that the tightening global landscape determined the urgency to complete the Doha round. - Business Day website

Global trade talks face big risk of failure : EU - 29 February
A six-year push for a global trade deal faces a high risk of failure, Europe's trade chief said on Friday, turning up the pressure on negotiators ahead of a meeting expected in the coming weeks. "I now fear that Doha is facing a high risk of failure - the first failure ever for a multilateral trade round," EU Trade Commissioner Peter Mandelson said in a speech to trade ministers from some of the world's poorest countries meeting in Lesotho. - Creamer Media's Engineering News website


South African Revenue Service - http://www.sars.gov.za

BPR 006: The application of section 24C in the context of a repair and maintenance contract

BPR 007: Service fees received by a non-resident labour broker

BPR 008: Certain variable payments made to a marketing executive and the application of section 23(m)

BPR 009: Sale of an administration business

BPR 010: The applicability of the mining tax dispensations contained in the Act to a specific contract mining arrangement

BPR 011: Transfer of a pre-1 march 1998 amount from a pension fund as an own contribution to other retirement funds

BPR 012: Determination of gross income of a livestock auctioneer and agent

BPR 013: Section 8C and the variation of share options obtained under a share option scheme

BPR 014: Employees tax in respect of gains, as contemplated in sections 8A and 8C of the Act, made by retired employees

BPR 015: Supply of goods or services: Vendors one and the same person section 8(25) of the VAT Act: Acquisition of fixed property exemption from transfer duty section

Source : OSALL (Lara)


T

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 Vacancies
  Candidate Attorney
Naheem Raheman

Qualifications

LLB (UKZN, 2005)
Attended PLT in conjunction with LEAD and UKZN - full-time programme
Attended KZN Business Training Centre
Passed the Attorneys examination
Currently attending the 20-day Conveyancing Course with LEAD

Experience

Currently employed at Road Accident Fund

Contact

Telephone : 079-632 0569 / 031-467 8835 / 031-365 2786
Email :
naheemra@raf.co.za


  Professional Assistant in Conveyancing
Barbara Nair

Qualifications

BProc (University of South Africa, 2001)
LLB (University of South Africa, 2003)
LLM (University of KwaZulu-Natal, Pietermaritzburg, 2005)

Research topic for dissertation : Achieving environmental justice in post-apartheid South Africa with particular reference to legal and policy instruments

Practical Examination for Attorneys - 2006/7
Practical Examination for Conveyancers - 2007
Admitted as Attorney and Conveyancer - 2008

I wish to incorporate my knowledge of environmental law with the practice and discipline of conveyancing. My strengths lie in a careful and definitive approach to the practice of law combined with a sensitivity to people and human issues. I see myself continuing to develop in the field of conveyancing and environmental management practice, especially in the area of planning law and development, to the point where I can offer specialist knowledge in these fields of study. I also intend writing the notarial practice examination. I am enthusiastic about what I do and am prepared to work hard to produce the professional quality of work I believe in.

Contact

BMnair7@gmail.com


  Conveyancer
Recently admitted conveyancer with deeds office and drafting experience seeks position in Pmb/Durban

Contact

vanessaf@shuter.co.za

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 Marketplace
  JutaLaw
Cases and Material on Criminal Law
3rd ed / J M Burchell and J R L Milton
2008
978 0 7021 7725 5
R495.00
Includes a companion CD-ROM with 17 extracts from cases and legislation

The third edition of this established casebook on criminal law, originally compiled by Jonathan Burchell and John Milton, has been substantially revised and improved on by Jonathan Burchell. Cases and Materials on Criminal Law is a companion volume to Principles of Criminal Law, 3rd edition (20005), where the general principles of the South African criminal law and many of the specific crimes are fully analysed.

▪ This book follows the pattern of Principles of Criminal Law
Covers general principles of specific crimes, including new sections on the reform of
  sexual offences and organised crime
Judgments and shorter passages in Afrikaans are translated
Recent judgments of the High Court and Supreme Court of South Africa up to mid-
  2007 have been included, as well as numerous Constitutional Court cases impacting
  on criminal law
Side numbers on each page facilitates easy reference to specific passages in the
  judgments


Environmental Law
M Kidd
2008
978 0 7021 7681 4
R280.00
Success to the successful Environmental Law : a South African guide

Environmental law has become an exceedingly important branch of the law in South Africa over the last 15 years. Over the past decade, a number of Acts have been passed which define the essence of South African environmental law, and several landmark environmental law judgments have been handed down by the courts.

This book covers the entire South African environmental law landscape and does so in a comprehensive and succinct manner.

Among the new Acts covered in this book are the National Water Act 36 of 1998, the National Heritage Resources Act 25 of 1999, the Air Quality Act 39 of 2004, and the Biodiversity Act 10 of 2004.

Contents include :

The Constitution and framework environmental legislation
International environmental law
Water law and the environment
Conservation and biodiversity
Pollution control and waste management
Land use and planning
Implementation and administration of environmental law
Environmental justice


For enquiries or to place your order, kindly contact either
Bev Purdon -
bpurdon@juta.co.za
Belinda Du Randt -
BDuRandt@juta.co.za
or Sharon-Anne Naidoo -
Snaidoo@juta.co.za
031-304 4335

  LexisNexis
BOHSS Public Course Training Schedule

 
Training course Price p/p/
excl VAT
Date
COID Act R85,00 13 May
Legal Accountability R1 125,00 12 February
14 May
SHE Management Module 1 R4 400,00 5-9 May
SHE Management Module 2 R4 400,00 2-6 June
Legal Compliance Auditing
  includes "Auditor in a Box" software package
R4 795,00 9-11 April
OHSAS 18001
  includes "Auditor in a Box" software package
R4 999,00 18-20 June
SHE Representative R720,00 13 February
Incident Management R995,00 11 June
Hazard Identification and Risk Assessment - Introduction R995,00 7 April
Hazard Identification and Risk Assessment - Advanced R1990,00 7-8 April
Hazardous Chemical Handling R785,00 17 April
Construction Regulation R1 100,00 16 April
SHE Refresher R4 579,00 9-13 June
ISO 14001
  includes "Auditor in a Box" software package
R1 900,00 12 June
ISO 9001
  includes "Auditor in a Box" software package
R 1900,00 12 May

Contact

Michelle du Toit
Email :
michelle.dutoit@lexisnexis.co.za
Telephone : 011-245 6550
Cell : 083-232 2004
Fax : 086-682 9604


  Paddocks Press
Paddocks Press 2008(3)

Powerless? A backup box may be the answer for unit owners / Graham Paddock
Sectional title rage / Marina Constas
Open letter to the Trustees of the Sectional Title Bodies Corporate managed by the Sectional Title Administrators CC / Graham Paddock and Judith van der Walt
Insurance in respect of the buildings in a sectional title scheme / Judith van der Walt

Should you wish to join the mailing list for Paddocks Press, please contact amy@paddocks.co.za


  Siberink
Understanding Company Financial Statements
Geoff Everingham
2007
978 1 920025 16 8
R 225.00 excluding postage and packing

This book is essential for those who may not have been trained as accountants but have a need to make sense of the conventions and tools employed by accountants. It is targeted at those who need a basic understanding of the accounting process and who interpret company financial statements.

In Understanding Company Financial Statements, frequent examples and references to the annual reports of listed companies are employed to clarify points. This book is directly relevant to a wide spectrum of professionals, including company directors, as it explains the real significance of figures in financial statements in highly accessible language.

It is up to date in terms of International Financial Reporting Standards (IFRS)
Contains updated examples from the financial statements of listed companies
The Must Know boxes that follow most sections in the book provide a valuable quick-reference to and oversight of the contents of the topic.

Understanding Company Financial Statements is a key to economic participation, and this book is aimed at all who work in or with, or invest in, business : be they owners, managers, directors, professional advisors (like lawyers), union officials, consultants or service providers, or students of business.

Contact :
Siber Ink CC
Email :
info@siberink.co.za
Fax : 088-021 702 2010

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 Last Thought
    "Outside of a dog, a book is a man's best friend. Inside a dog, it's too dark to read"
- Groucho Marx

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

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